New bill providing birth records to adoptees ‘huge’

Published 3:15 pm Tuesday, March 8, 2016

INDIANAPOLIS, Ind. — Marcie Keithley-Roth had good reason to cry Friday afternoon. But unlike eight years ago, these were tears of joy.

After Keithley-Roth and her birth daughter were reunited in 2009, she had been on a mission to make it easier for people who were adopted between the years 1941-93 to have access to their original birth certificates and records. Her hard work and perseverance were finally rewarded late last week.

Indiana Gov. Mike Pence signed Senate Enrolled Act 91, a bill that opens all adoption records that were finalized prior to Jan. 1, 1994. These records will open beginning July 1, 2018, unless the birth parent files a contact preference form — a private communication from the birth parent to the child, with the Indiana State Department of Health.

“I am so excited,” said the New Albany native and Jeffersonville resident.

In nearly all States, adoption records are sealed and withheld from the public after an adoption is finalized according to Child Welfare Information Gateway. Previously, nearly all States required the adopted individual to obtain a court order to gain access to their original birth certificate. In about 25 States, the District of Columbia, American Samoa, Guam, and Puerto Rico, a court order is still required. However, in many states such as Indiana, the laws are changing to allow easier access to these records. 

Keithley-Roth’s story is not unlike thousands of others in the state who were adopted between 1941-93. Her daughter searched for more than a decade to find her birth mom, Keithley-Roth, but struggled to do so since she was unable to have access of her birth records. Now, searches will be much easier with the new law.

Keithley-Roth said she surrendered her baby during the 1970s. She said the adoption process is much different today, when many birth moms meet the couple adopting the baby. She said back then, amended birth certificates were issued to the new parents, while the others were sealed and filed away.

“When I started looking into this, I knew we had to change it,” she said. “They were keeping records from these people and making them suffer needlessly. It screams discrimination.

“Adoptive kids just want the truth; that piece of paper belongs to them. They want to know their heritage. So I became an advocate.”

She helped start HEAR — Hoosiers for Equal Access to Records. Along with others, she began learning about the legislative process, talking to lawmakers and working with a lobbyist is hopes of making the birth certificates available. Keithley-Roth, who is vice president of HEAR, said the new legislation will affect more than 250,000 Hoosier families.

“SEA 91 expands opportunities for adopted Hoosiers seeking more information on their health and heritage even while ensuring that birth parents who choose to maintain their privacy are protected, and I am pleased to sign it into law,” Pence said in a news release. “I want Indiana to be known as the most pro-adoption state in America and SEA 91 will give greater clarity and compassion to our adoption laws.”

SEA 91 will open all adoption records finalized before 1994 unless a birth parent requests with the Indiana State Department of Health that the records remain sealed.

“We never gave up,” Keithley-Roth said. “We put a lot of work into this. It’s an historic day for adoptees … this is huge.”

Morris writes for the (Indiana) News and Tribune.