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MFL Commissioner's Blog: March 12, 2008 Archive

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Adopting new adoption laws

Posted at 11:25 AM on March 12, 2008 by Michael Marchio (3 Comments)

Just what kind of access adopted people have to their birth records is one that can provoke fierce debate on a number of different fronts. It's an ethical question that cuts across party lines. How do you balance privacy for birth mothers who may not want to be contacted, with the desire of their children who may want to learn about the person who gave birth to them, or more practically, the medical history of their family?

The House Health and Human Services Committee may bring the state closer giving us an answer this afternoon, when it hears HF3371.

The bill, sponsored by Rep. Kathy Tinglestad (R-Andover) would give those who were adopted more access to their birth records. Check out a great story from Nanci Olesen here.

In 1982, The Minnesota Department of Health began asking birth mothers to sign an affidavit making their wishes known. On the affidavit, the woman would indicate whether or not she wants her child to contact her once the child is an adult.

Ninety percent of women who've signed this document have opted for "yes," according to the department.

The new bill would still honor this affidavit. But if the bill becomes law, it would create an exception -- the women who gave up their children before there was an affidavit won't have a choice about maintaining their privacy.

If you're a sucker for committee hearings like I am, this one should be pretty passionate, and I'd guess there will be some testimony on both sides well worth listening to. One bone of contention that will probably be picked is how birth mothers - - who may be in their 60s or older and may have given the child up decades ago with the understanding that their records be kept private - - will be served by this legislation. I'd encourage you all to check it out.

Sen. Ann Rest is sponsoring the companion legislation, SF3193, and it awaits a hearing in the Senate Judiciary Committee.

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