A coalition of adoptee rights groups in Michigan called the Michigan Adoptee Rights Coalition is working with a bipartisan group of Michigan state lawmakers to advance two adoptee rights reform bills in Michigan. The measures have cleared the state House of Representatives and were moved over to the state Senate just before the Michigan Legislature adjourned in mid-November 2023.
These legislative efforts, now being pushed by the coalition’s three partners (the Minneapolis-based Adoptee Rights Law Center and Michigan-based Adoptee Advocates of Michigan and Michigan Adoptee Collaborative), follow years of advocacy by countless Michigan-born adoptees, on behalf of probably tens of thousands of persons born and relinquished to adoption there in the years before and since World War II.
Committee hearing testimony on November 8, 2023, on HB 5148 and HB 5149 (snip of public video coverage)
The bills, House Bill 5148, sponsored by Rep. Kristian Grant (D-Grand Rapids), and House Bill 5149, sponsored by Rep. Pat Outman (R-Six Lakes), were introduced in the Legislature in late October 2023. The coalition working with the two lawmakers explains that the introduced legislation would, if not amended further, restore long-denied legal rights for adult adoptees to access their original birth records like all non-adopted Michiganders.
I encourage people to read the bills themselves (HB 5148 and HB 5149) to see how legislation would change current laws. Currently, it is nearly impossible for any adoptee in Michigan to secure a copy (in redacted form) of their original birth certificate (see my FAQs on that topic).
Most importantly, the legislation, if approved and then signed by Gov. Gretchen Whitmer–a Democrat who has not spoken publicly in any statement I can find in favor of adoptee rights–would end outdated laws in Michigan that deny tens of thousands of Michigan born adoptees equal treatment by law. I would be a beneficiary of this legislation, as would my sister, along with uncounted thousands of others separated from their families and kin by the state’s harmful, cruel adoption secrecy laws.
Committee hearing highlights human rights and new and worrisome anti-adoptee messaging
The House Families, Children, and Seniors Committee held its hearing on the bills on Nov. 8, 2023. The hearing is videotaped, and it can be seen by anyone with access to the internet. Testimony and discussion begin at minute 21:00. (Note: the video takes a long time to download; you will need to be patient.)
I was particularly impressed by one supporter of the bill, Ned Andree, a Michigan resident and a bi-racial and transracial adoptee.
Adoptee Ned Andree speaking in support of the two bills to restore adoptee rights on Nov. 8, 2023
Andree spoke eloquently to the committee in support of the bills. He testified about being adopted and being raised by white parents and seeking his truth for years. He told the committee he was born and relinquished in 1968, from a white mother and an African-born father, originally from Nigeria. Andre spoke of his costly effort find his birth parents, including spending $20,000 to fly to Nigeria to find his birth father, “only to have no success.” Andre also spoke of being denied his truth by the almost impossible barriers created by Michigan’s discriminatory laws denying him his truth. “The current law denies adult adoptees … a fundamental human right granted to non-adoptees.”
Filmmaker and Michigan-born adoptee spoke in support, and a birth mother who also testified in favor of the legislation and told her story of the harm of relinquishment.
Opponents also received prominent time before lawmakers.
Committee hearing testimony of Michigan Catholic Conference (MCC) lobbyist Rebecca Mastee who opposed the two bills on Nov. 8, 2023
Michigan Catholic Conference (MCC) lobbyist Rebecca Mastee came out against the bills with talking points heard in past legislative settings in other states, where opponents seek to enforce legal inequality to millions of persons by supporting outdated adoption secrecy laws. Mastee repeated unprovable talking points and outright lies regarding promised secrecy to birth mothers, when no such legal promises were ever made. Mastee concluded that such non-existing secrecy claims, that have never been documented by written documentation in legislative settings, require that the state continue to deny adult adopted persons equal treatment by law in accessing their birth records, as is the case in Michigan today. These talking points have been used repeatedly in most state legislative hearings I have seen by adoption industry promoters—and Catholic Charities in Michigan and other states were among the biggest adoption “businesses” that separated kin for decades.
Mastee, on behalf of the MCC, also used another false taking point of the alleged “stalking” of birth parents by adoptees as a rationale to deny tens of thousands of adoptees unobstructed access their birth certificate. She offered no facts or any credible evidence such harm can be proven by documented facts. In even more frightening language that is a foreshadowing of pro-adoption rhetoric to come likely for years, Mastee claimed that the bills would harm the flow of newborn infants to the now-expanding baby box supply chain in post-Roe America. (We learned during the hearing that the two bills do not prevent the erasure of new adoptees’ identities who are surrendered in metal dumpsters in Michigan, as allowed by current law, and without any regard to their basic human rights.)
Though grotesque as a basic statement of denied equal rights to current and future adoptees, adoptee rights advocates must confront the new harmful normal that this is now an active talking point. We will likely hear again that adoptees can’t get their birth certificates because it would disrupt the medically harmful practice of newborn infant separation from vulnerable moms through these dangerous baby dumpsters. Luckily this malarky did not convince the state lawmakers the day of the hearing.
Another anti-adoptee rights opponent, lawyer Heath Lowry, of the Michigan Coalition to End Domestic and Sexual violence, testified to oppose the bills. He used the canard of “sexual violence and rape” that has been shared repeatedly in adoptee rights discussions before lawmakers to claim victims of sexual violence would be traumatized to have contact with their child. The scare tactics were given without any evidence. He provided not one fact, no data, not even an anecdote. He claimed that the “consent of birth parents” had to be protected by the continued denial of vital records to thousands of adoptees born in Michigan. His testimony was forcefully tossed aside as baseless by a supporter of the bills who testified in support of the two measures (you can watch the testimonies here).
Fortunately, the committee strongly approved both bills (substitutes) before sending the bills to the full House for a vote.
The new substitute bills are here:
- HB 5148: https://www.legislature.mi.gov/…/pdf/2023-HEBH-5148.pdf
- HB 5149 https://www.legislature.mi.gov/…/pdf/2023-HEBH-5149.pdf
The House of Representatives on Nov. 9, 2023 voted on the substitute bills as follows:
- HB 5148: Yeas 99, Nays 8, Excused 0, Not Voting 3
- HB 5149: Yeas 99, Nays 8, Excused 0 Not Voting 3
All of the submitted testimony from adoptees, adoptee rights groups, birth mother groups, and other champions of equality urged lawmakers to support the legislation. All told, supporters provided 45 pages worth of materials in support. That was very impressive to read. You can find a downloadable copy of the testimony for the legislation on the Michigan Legislature’s website. A short hearing summary for Nov. 8, 2023 is here.
Final comments as a Michigan-born adoptee rights advocate
For the record, I have no affiliation with the groups in the coalition who are working with lawmakers, as I explained in this blog post from June 2023.
I have been advocating for adoptee rights in Michigan, my birth state, since the mid-1980s. I published a book on adoptee rights and the public health impacts of the U.S. adoption system in 2018, You Don’t Know How Lucky You Are. It highlights the history of U.S. adoption and a major adoption mill in Michigan that was likely the country’s second biggest adoption promotion center in terms of babies separated from their mothers. It also highlights my experience being denied my vital records, for decades, and the harmful practices of the state’s health system managing vital records, the Michigan Department of Health and Human Services.
