Alexander's World Essays

 

More Essays

Canada's Defences in Shambles
(Jan 7, 2003)
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Adoption Open Records Bill-77 Delayed
(Dec 13, 2002)
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Forever, Brothers
(Nov 18, 2002)
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About Birthdays And Ghosts
(May 17, 2002)
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An Open Letter To Anne McLellan
(May 9, 2002)
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Coming Out Gay At 16
(Feb 11, 2002)
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Male Bonding / Am I Gay?
(Jan 23, 2002)
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The Times We Live In
(Dec 5, 2001)
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About Names and Their Meanings
(Jul 15, 2001)
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Movie Review: Chocolat
(Feb 15, 2001)
more

Adoption Open Records Bill-77 Delayed

I am acquainted with a very successful businessman in the Eastern United States, a multi-millionaire some times over, and a father. I vented to him on the current situation here since he was instrumental in his own US state for keeping records sealed. My letter follows.

Subject: Human Rights Denied to Families in Ontario

It was a pleasure meeting you some weeks back when you, your wife and friends visited DJ and I here in Toronto. DJ had spoken of you frequently in the year or so we have known each other. His colourful stories and his profound admiration for you bore the ring of truth when we met recently.

We discussed, briefly, on the walk to Queen's Park after a quick cuppa at Tim Horton's (where else?) your involvement with the adoption legislation in your state. As I was not feeling very well that day, I did not get into a discussion with you about it.

But your comments have continued to haunt me.

In many jurisdictions in Canada (this being a provincial matter), adoption regulations prevent a mother or father from ever again having contact with a child once a piece of paper is signed giving up rights to parent. The child, who is normally too young to have any say, is also bound, for life, by this decision.

I could be wrong but adoption is the only legal procedure I know of which is lifelong and without appeal.

It is the only one which binds one or more parties without their consent or knowledge.

It is the only one in which the government acts Kafka-esque and keeps secret files on the person in question with no recourse for the persons in question to review them, or often even know they exist, and where the final power in the record keeping is in the hands and discretion of a 9-5 functionary.

The only exception, perhaps, being when one is accused of a crime. It is not a crime, is it?, to be a mother or a son.

Adoption is the only law in which the government denies any knowledge of heritage and medical information, in perpetuity, to a citizen.

We have a so-called Freedom of Information Act to protect us. Yet, incredibly, even if every single person named in an adoption file asks for the file to be opened, still the government will not show it to them. I asked for exactly this in Saskatchewan. I had signatures ready from myself, my mother, my father, my adopted mother (my adopted dad has passed away). Nope. Nada.

Mothers, fathers, sons, daughters: once this man-made rift is created by a signature an a piece of paper giving a child up, incredibly, apparently, all our notions of the innate value of family are tossed out.

Whether at 18, 30, 50, 75, 90 -- we are never acceptably mature enough to know our own origins or family. Or even our own mother's name. In Ontario, not even your own name.

The logic escapes me.

You know, it is not illegal to be a mother or a father of a child but this legislation treats the blood relatives as if they *are* criminals. And without appeal. If you feel like being insulted, it actually *is* illegal to release this information subject to stiff fines and jail time. A mother can be tossed in jail for contacting her son.

This is family values? Denying, withholding, in perpetuity knowledge of the members of one's own family? One's mother? A parent never forgets a child; but this legislation buries us alive.

You are a father, and travelled great lengths to see your daughter recently married. If the mother had given your daughter up for adoption, would you think it right that you have no further knowledge, for life, about your own flesh and blood? Would that action justify preventing your own daughter from ever looking into your eyes?

Adoption records were sealed in Ontario in 1927; the time-frame is similar for most states and provinces in North America. Since 1996, British Columbia has had a straight-forward process for those 18 and older to learn the truth of their origins. So far not a single complaint has been lodged about privacy. In Scotland, the records have been opened since 1930. God has not come down to swallow up British Columbia or Scotland.

Last night, Bill-77 sponsored by Marilyn Churley of the NDP in a private member's bill, watched with horror as the provincial legislature denied the bill a third reading (second reading was in June, 2001). The bill allows adult adoptees and birth family to find each other. There is even a "Contact Veto" -- an appalling compromise. Should a father or mother be legally allowed to deny their parentage? Yes, apparently. In any case, at this point the bill is dead.

What I simply cannot fathom is why, if I understood you correctly, someone as bright and seemingly as compassionate as yourself, actively lobbied your own state at the highest levels to ensure that adults could continue to be legally denied information about who their mother and father and grand-parents and sisters and brothers and aunts and uncles are? What *moral* purpose is served here?

I hope you and your family are well. And I am pleased you have been able to know them your entire life.

Happy holidays,
Alexander Inglis,
December 13, 2002,
In Toronto

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