The poll is closed. The vote is in.
To no one’s surprise, the majority of Bastardette’s readers who voiced their unscientific opinion on AB 372 believe that the California Adoption Reform Effort has no idea what it’s doing.
The Daily Bastardette asked two questions. Below are the results:
Why is Asmb. Ma offering insulting compromises to California AGVB 372?: 42 votes
She believes California adoptees are dangerous and the state needs protected from them: 9 votes/21%
She believes gutting the bill of all meaning is the only way it will pass: 19 votes/45%
CARE told her to: 9 votes/21%
She wants out from under this mess and gutting it is the only way to escape: 5 votes/11%
Will CARE pull Their Own Bill: California AB 372: 34 votes
Yes, they have seen the error of their ways and will act ethically: 1 vote/2%
No, they only want to get their name on a bill and don’t care how much damage they cause: 9 votes/26%
Yes, but only after their raise money for Asmb. Ma on April 27: 2 vote/5%
Who knows, they have no idea what they’re doing: 22 votes/64%
Not exactly a vote of confidence for the Cali Compromisers.
Also not surprising is CARE’s continued dishonesty about what its current rights-gutted, AB 372 proposal (amended on April 21 and passed by the Cal Assembly Judiciary unanimously on April 27) actually says. (see Bastardette entry for April 27 below.) You’d never know about the state and adoption industry-cozy language from the CARE webpage which notes the bill’s Judiciary Committtee passage but avoids mention of the massive changes or a link where the current abomination and its analysis can be read. But then, we’re told repeateadly to “trust us.”
As Bates the Banker said to Bret Maverick so many years ago: If you can’t trust your banker whom can you trust?
We know that answer!
The idea that CARE is putting out there as truth is that privacy legislation in California is written in stone and cannot be changed. Therefore, adoptees just need to be grateful for any insulting crumb thrown our way. However, the legislation to which CARE is referring has, indeed, been modified numerous times over the years. There is no reason to believe it cannot be amended again. Between the deceit about the supposedly unchangeable legislation (that’s been changed several times) and the misleading links on the front page of their Website that conveniently bypass the actual bill that’s being heard by legislators, how can anyone trust what CARE has to say?
CARE desperately wants to pass a bill that they think will give “most” adoptees access to their OBC’s. They don’t want to wait and work for an actual adoptee rights bill that restores rights to all adopted citizens. We’ve seen this before in state movements that finally rolled over and agreed to compromise legislation. They are still stuck with lousy laws.
This is just a guess,since we are all dancing in the dark here, but I think CARE leaders think they know what they are doing, and explained it in person in some detailed and credible way to those supporting them, with the proviso that this not be revealed to “outsiders”.
Why else would some bright, savvy, well-meaning people be supporting and trusting them? The plan must be involved and convoluted to work around existing law that according to them cannot be changed, and involves the bill being “tweaked” (their word) many times until it comes out clean (or nearly so)in the end somehow. In the mean time, supporters are asked to pay no attention to obnoxious amendments that will be tweaked away.
The problem with this is the same as the problem of the South Park
Underwear Gnomes. Underwear Gnomes steal underwear out of your drawer. Their master plan involves 3 steps. Step One: Steal underwear.
Step Two: ****. Step Three: Make huge profits. The only problem is that nobody knows what Step Two is, so nobody knows how Step One leads to Step Three. Sound familiar?
I was born and adopted in California in 1965, although I’ve not lived in California since 1967 when my family relocated to Virginia. I’m glad to see there are people in California who want to get birth certificates for all adoptees, not just a few. I’ve recently come across websites of people discussing AB 372, and am sad to see that people working for our rights are split about compromising. All adoptees have a right to their birth certificates.
(a bit of background – SF, CA adoptee, residing in TX, following closely CA-CARE and AB 372. Additionally, have a court order/successful petition for release of OBC w/parents names, and order of adoption)
Does CA-CARE indeed know what it’s doing?
Having subsribed to http://www.leginfo.ca.gov on AB 372, I noted this morning that a new amendment had been posted. Specifically, the following section was added:
(f) Notwithstanding subdivision (c) or any other provision of law
to the contrary, if both birth parents listed on a birth certificate
of an adoptee are deceased, as verified by the Office of Vital
Records, the State Registrar shall provide a copy of the original and
unredacted birth certificate to the adoptee immediately upon request
of an adoptee who is 25 years of age or older.
Though at first glance, one may ask the obvious, just how does the adoptee know that one’s birth parents have passed; and as is typically unimaginitive CA, to assume that any/all birth/first parents remained in CA for the rest of their natural lives.
However, CA-CARE may have unwittingly created a nice loophole for adoptees to petition the courts with. Re-read the last part of CA Health and Safety Code 102705:
The name and address of the natural parents shall be given to the
petitioner only if he or she can demonstrate that the name and
address, or either of them, are necessary to assist him or her in
establishing a legal right.
Though I’m not a lawyer, the key lies in “establishing a legal right”, the legal right to one’s birth certificate upon the death of one’s parents. How does this help? As it currently reads, said adoptee asks for OBC, only to be denied, nope, the state never received anything back on the certified mail. Adoptee petitions the court: CA doesn’t list my parents as dead, yet also did not receive any reply back from them, I want to check the remaining 49 states, as well as the SS death index, please provide me their names, as I need it to establish my legal right under the horrid law CARE passed a few years ago.
Granted, the remaining legislation would probably still be in place, ie, adoptees would have to wait until 25, wait the 6 months, wait for however long the courts can take, then at least obtain their birth parents names through court petition/court order.
Anyway, I’m still against AB 372, but it’s nice to know that CARE really doesn’t know what it’s doing, to the point where it may work in adoptees favor.
Oh, and I see who’d footing the bill on AB 372 now: adoptees. Vital records will charge for this “service” to adoptees, no more than cost, until 2035. Guess that’s when CA will really be broke.
Thanks, Justin. I’m working on a blog on the new amendments but it won’t be done until Sun maybe.