Catherine Trevison, Staff Reporter, The Tennesseean, Thursday, December 5,
Adopted adults seeking immediate access to the state's records on their birth
will find out within a few weeks whether federal courts will allow it.
But a final decision on whether the records should ultimately be open or
closed is still months away.
The state's new adoption law, which opened records to adopted people over
21,was scheduled to take effect last summer. However, two birth parents and
an adoption agency sued to keep the records closed, and federal courts
temporarily blocked the law - a procedure that is called an injunction until
a judge could hear the entire case.
On Monday, lawyers for both sides argued about the temporary injunction in
front of the U.S. 6th Circuit Court of Appeals, but the judges didn't issue
an ruling.
Lawyers expect a written decision in the next few weeks. Those who want the
records closed argue that women who place children for adoption have the same
constitutional right of privacy as those who seek an abortion, according to
their lawyer, Larry Crain.
During the arguments Monday, one judge suggested that the Tennessee Supreme
Court should decide the privacy question using the state constitution, Crain
said.
"As they recognized, the Tennessee right to privacy is broader than the U.S.
constitutional right," Crain said.
If the question is sent to the state court, the records are more likely to
remain closed, Crain said.
However, the lawyer who represents other people interested in the case
disagreed.
"I would be surprised if the state court found any right of privacy
sufficient to cause the closing of the records," said Harlan Dodson, III.
Both sides agreed that people involved with adoption are on pins and needles
waiting for the outcome.
"There's a lot of anxiety over the decision," Crain said. "Some of them, in
fact called when they knew I was going up there. They took it seriously
enough to say they would be praying about it, urging that the courts make the
right decision."
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Anyone having questions about the Tennessee legal defense fund or desiring to
make a contribution of time or money can contact:
L. Anne Babb, Ph.D.
President, American Adoption Congress
1000 Connecticut Avenue, NW, Suite 9
Washington DC 20036
Voice/FAX: (405) 329-9294
E-Mail: aacr76a@prodigy.com
Denny Glad, President
Tennessee Coalition for Adoption Reform (TNCAR)
Voice: (901) 386-2197
FAX: (901) 385-5453
Kate Burke, Coordinator
Tennessee Open Records Task Force (TENOR)
Voice: (415) 461-3036
FAX: (415) 461-4686
E-Mail: katie0015@aol.com
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