What We’re Up Against: Current WA Law

Back in the 1940s Washington became one of many states that began sealing adoption records.  Based on my research I believe that at the time Washington (and other states) began keeping adoptees from their birth records no one understood the very negative impact not having access to one’s own past, identity, and documents could have on the adoptees.  Professionals at the time stated they were making an effort to protect adoptees from the stigma of illegitimacy and birth parents from the stigma of having been pregnant.  However, secrecy compounds stigma creating shame that can destroy a person’s self worth. Many of the people involved, including many adoptive parents, birth parents, social workers, and legislators would not have agreed to the law if they had more information at the time, but they didn’t.

In 1993 effort the law was changed.  The new law gave conditional access to some adoptees.  Those whose adoptions were finalized after 1993 can access their original birth document as adults as long as their birth parent has not filed an affidavit of non-disclosure.  As of our research prior to the 2010 legislative session no affidavits of non-disclosure have been filed.

Washington also has a confidential intermediary system in place.  Unfortunately this system can result in vastly different outcomes for different people. They pay different amounts and and end up with different results.  They could get a copy of their original birth certificate, a redacted copy of their adoption decree, or  nothing at all.

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