Adam Pertman, please shut up.
Mr. Pertman, the single biggest thing you could do for open records at this point is shut up.
(At least until you have the faintest idea of what you’re talking about, and find within yourself some willingness to stand firm for ’em.)
For those not in the know, Adam Pertman is the Executive Director of the Evan B. Donaldson Adoption Institute which has just released their research paper advocating adult adoptee access to our ‘personal information’ entitled “For the Records: Restoring a Right to Adult Adoptees” (The title alone is a massive problem, it fails to answer the most basic question, which “Right”?) He is also a self appointed spokesperson on adoption and open records, (though he certainly doesn’t speak for me!) and an adoptive father.
This post is not going to be a blow by blow on the report, though.
Let’s be clear from the outset- do I support full restoration of the unequivocal right of adoptees (and Bastards) to access their original unamended State confiscated birth certificates and other personal information held by the State? Hell yes! Does Mr. Pertman? Apparently not.
For regardless of what the report put forward, personal actions speak louder than any report any given Institute could ever issue. And yesterday, via NPR’s “Talk of the Nation,” we were treated to a real doozy of a set of personal actions. Mr. Pertman basically undermined any notion of himself as personally standing solidly for open records, let alone any kind of spokesperson for such.
Talk of the Nation’s guests were Mr. Pertman and Tom Atwood of the National Council for Adoption, an organization founded on maintaining sealed records and the Washington DC area voice of portions of the adoption industry. In the course of a slightly longer than half hour format call in show Mr. Pertman personally advocated any number of “compromise” measures that undermine full access for adoptees.
He began with advocating the creation of a ‘national mutual consent registry,’ and went on to advocate the use of internet registries (a woefully inadequate interpersonal measure in the face of State records confiscation.)
Far from seeing States that have contact vetoes as antithetical to genuine records access, he specifically endorsed (? I think, it’s hard to tell, does even HE know?) not only the strategy of contact vetoes, but then went on to personally validate the false framing of “birthmother privacy” and “need for protection” (Enough to make one wonder why they even needed Tom Atwood on the show as Mr. Pertman was doing a fine job of supporting gutting access all by himself.)
“I think women like this need to, need their privacy and need protection and the laws that have been passed and or repealed in several States provide a contact veto in some cases a contact preference form in others that’s protection that no woman has today so in fact they do provide some extra…”
This is man who has not only completely caved and self sabotaged, but apparently desperately needs adoption 101.
When parental rights are severed records are not sealed. The act of birth is not ‘confidential’ nor private. See Doe v. Sundquist in TN, which stated plainly:
“A birth is simultaneously an intimate occasion and a public event-the government has long kept records of when, where; and by whom babies are born. Such records have myriad purposes, such as furthering the interest of children in knowing the circumstances of their birth.”
Records are only sealed upon ADOPTION not relinquishment.
What this means as a practical measure is that a womyn can give birth to twins. She can surrender her parental rights, and if one is adopted and the other not adopted, being moved instead into the foster care system, only one set of records are sealed- those of the adoptee. The child in foster care’s original unaltered birth certificate is still intact and unsealed.
So notions of ‘birthmother privacy’ to ‘hide birth’, or to ‘protect her’ from a child she either surrendered or lost parental rights to are just that- notions. Sealed records were never about her. They may have been done in her name, but none of that translated over into anything meaningful.
A womyn who gives birth and surrenders a child is not written out of the history UNLESS the child is adopted.
And as for that canard put forward by the industry and other ideologues in adoption, “privacy”? Roe v. Wade and Doe v. Bolton both apply to REPRODUCTIVE privacy a period that ends when a womyn gives birth as from birth forward there are now two people, two sets of civil rights, two personal histories, etc.
No State can “protect” a womyn in the future from the historical act of having given birth, as there are now two distinct people, both party to that birth. It is a part of both of our histories, regardless of the fact that we as newborns will clearly not have personal remembrances of the event.
In short, adoptee rights aren’t some zero sum game. Despite the insistence of many to the contrary they don’t come at the ‘expense’ of (“birth”) mothers, as the womyn have no ‘right to privacy’ in birth nor upon relinquishment of parental rights.
Adoptee rights are hard won from the STATE and if they come at the ‘expense’ of anyone, they sometimes prove to be at the ‘expense’ of the industry, as past misdeeds and abuses come to light.
The fact that even the most basic aspects of open records were never once brought up in the course of the NPR mess tells me volumes.
Mr. Pertman was reinventing the wheel, basic pieces that experienced politically savvy Bastard activists understand to the very core of our beings, were simply beyond his reach. Clearly, he simply is not familiar with the real basis, and legal case law open records have been built upon.
The crux of his argument was ‘see, our RESEARCH shows, open records don’t hurt anybody’. (NCFA will be more than glad to provide an ENDLESS parade of those ‘hurt by openness’, in response, I assure you.)
The crux of our argument is the demand that what the government robbed us of be restored as a means towards which we too, may become full participants in and equal members of society, not the second class citizenship we currently are relegated to by policies that hide misdeeds and benefit only people other than the directly affected.
(That’s just a teeny tiny simple little portion of adoption 101, I’ll get more written eventually.)
So I’ll get back to Mr. Pertman. In the NPR piece he showed that he, sitting in his perspective as an adoptive father, appears to have exactly ZERO genuine understanding of certain aspects of the Bastard experience. He went further, equating Bastards who attempt to contact their (original) family members via telephone (in cases where they at that point find out contact is unwanted) to telemarketers!
I don’t know whether to be completely insulted or just write Mr. Pertman off once and for all. Telemarketers are after all, considered maybe half a step above pond scum by many, and are often considered non-consensual, demanding, and intrusive.
Just imagine, here’s a Bastard, now an adult who has waited for this moment for decades, with a massive emotional investment to say nothing of the time and resources spent working towards getting to that phone call only to be rejected- and then further kicked when they’re down by Mr. Pertman saying we’re no better than telemarketers! ‘The scourge of the dinner hour!’ ‘Pests!’ ‘Annoyances!’ ‘Lower than (gasp) LAWYERS!’
Hello? Hello? Mr. Pertman? Yeah, this is empathy calling… .
By way of a final example of how deeply he clearly misunderstands the nature of where legislation comes from and what the fight for restoration of our documentation to those of us it was confiscated from, I’ll provide one last quote, “Good public policy is shaped not by individual experience… .”
While he may jump up and down and emphatically claim public policy must only come from RESEARCH (his Institute’s in particular) he’s only showing he has no understanding of how legislation truly comes into being. It is born directly of the experiences of individuals.
Bastards recognizing their class status (as ‘members’ of ‘class Bastard’) come to recognize that we, as a class are second class citizens, that we are not treated equally, that we are denied basic things all other members of this society have. We gather together, learn from one another, and advocate based on our real world personal experiences of what it is we suffer. No, not some “primal wound”, injustice, inequality.
We, our personal experiences, ARE the RESEARCH, we ARE the experts, we ARE adoption (complete, with all its warts and pixie dust.)
So let me give a couple of pieces of advice. For starters, any time NPR wants to do a piece on open records and has two adoptive fathers on the show, and no adoptees themselves (let alone Bastards) -HINT!- there’s a problem. (Then again, most Bastards are smart enough to avoid traps like this one.)
Your first duty should you even chose to participate, is to point that out. That the most directly affected have no voice here today. (And thus are relegated to trying to get past the screeners to get on air, which was apparently an issue.)
Anytime you find yourself in a half hour long extravaganza of a cavalcade of compromise, yeah, you might want to hang up that ‘spokesperson for open records’ hat. Those of us genuinely fighting for real open records are gonna look at you funny, and might even write a blog post or two about ‘cha. Them’s the breaks. If you set yourself up as pro-open records and then compromise a mile a minute, you have no right to expect anything less.
Never bring dental floss to a shoot out at the OK corral.
And anytime you can’t be bothered to stand for a goddamn thing? Shutting up is far preferable to digging your own hole deeper.
Doubly so if your actions may affect the real work being done by genuine uncompromising open records advocates.
You don’t speak for us. You’re not one of us.
Not today, anyway. Humans are capable of change, but I’m not holding my breath- got too much work to do.
It’s pretty simple, actually, with self appointed ‘allies’ willing to sell us all short, who the hell needs ‘enemies’?