Our adoption law came into being during the Victorian period. That strongly influenced our society and law for a hundred years. The notion of children as parental possessions, power rests with the parents, children should be silent and obey, and birthmothers of bastards should be punished and banished were part of Victorian society.
- Environmentalism believed environment would overcome heredity. The adopted child, transplanted into an adoptive family, should grow up 'as if' born to them.
- Adoptive parents real parents.
The adoptee's dual origins were suppressed. A child can not have two mothers.
- Unmarried women were unfit to raise children.
They proved themselves irresponsible by having an illegitimate child and children brought up in solo families were deprived.
- Good adoptees don't need origins. If adoptive parents really do their task, adoptees will not need to know their origins. As good birth mothers put their past behind them and forget, so will good adoptees!
- Bonding theory.
adoptive parents to bond to the child.
- Psychodynamic theory
provided a pseudo psychological justification. It held, unmarried mothers were immature, unstable, the babies were conceived to fulfil neurotic needs and now unwanted. To heal their dysfunctional personality birth mothers needed a complete break.
Legal fiction became general fiction.The whole focus was on the new relationship created 'as if' born to.......The genetic birth relationship was 'as if' dead and destroyed.
Demise of complete break 1970-1985
While professionals continued to defend complete break practice, its foundations were collapsing.
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Existentialism
stressed personal experience and responsibility. Promoted importance of knowing oneself, freedom of choice and personal responsibility for actions.
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New psychological theory.Erickson's identity formation explained why adoptees need to know their origins.
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Civil rights movement Political activists learnt their skills from the civil rights movement and used them to promote adoption law reform.
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Empowerment of women.
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Adoptees and birth mothers spoke out. They rejected assertions that searching adoptees and birthmothers were pathologically dysfunctional or needed counselling.
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Research exposed some key foundations of complete break were myths. Found most adoptees had a profound need to know the truth. Birthmothers suffered severe emotional trauma, and continued unresolved grief.
Fall in adoptions was caused by social changes
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Decreased stigma of illegitimacy reduced social pressure to give up the child.
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Financial benefits enabled mothers to keep their children.
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Child care optionsgave solo mothers access to creches. They could retain their child and work.
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Economic independence through labour force participation gave financial independence.
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"De facto" marriages became more acceptable.
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Less professional pressure, from medical, social and legal persons on the birth mother to adopt.
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The Status of Children Act 1969 removed all legal discrimination.
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Since 1976 abortion was a more available option.
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Parents became less hostile and more supportive of young mothers keeping a baby.
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'Closed stranger' adoption can now be seen for what it was. A social experiment with unknown and un-investigated outcomes, conducted on a massive scale. Anne Else (1991). A Question of Adoption: Closed Stranger Adoption in New Zealand, 1944-1974 (Wellington: Bridget Williams Books). p197
1980-1997 Opening up of adoption
The opening up of adoption was done not by the professionals but by members of the adoption circle speaking out and lifting the lid off. Adoptees broke silence first, then birthparents and more recently adoptive parents.
At first the authorities strongly resisted the opening up of adoption. When in 1979 I was involved in the first successful access to adoptee court records I was labeled 'a law breaker' and social workers were told not to read my 1981 book. The opening up of adoption exposed myths that required a critical re-examination of policy.
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Formation of support groups
In 1976 Jigsaw Inc and the Adoption Support Groups were formed. These groups provided mutual support and a base for political action.
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Political action
In 1976 Questions were asked in Parliament. In 1977 Jigsaw petitioned Parliament. From 1978 to 1985 the Hon J Hunt lodged his private members Bills in Parliament until the law was changed.
The Adult Adoption Information Act 1985
After a 10 Year campaign, the Adult Adoption Information Act was passed. The passing of this Act was a milestone in opening up adoption and consolidating change.
Demytholigising of adoption in New Zealand
From 1955-1985 the closed secret nature of adoption, and legal fiction and pretence encouraged myths to grow and flourish. The myths were sustained by secrecy that prevented any critical analysis. The adoption myths became so pervasive in our society that many adoptees, birth and adoptive parents believed them.
What were these myths?
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It was asserted that only a small number of adoptees, the misfits, would ever want to know their origins.
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Most birthmothers would have forgotten the past and would not want old wounds reopened.
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Birth mothers needed to be protected from searching adoptees.
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Lifting secrecy would increase abortion.
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Opening up adoption would break up adoptive families.
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Adoptive parents would lose their child.
The acceptance of untruths did much harm by creating false hope, false stereotypes and a potentially destructive zealotry that denied the truth.
Where are we now?
Adoptees since the Adult Adoption Information Act 1985
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22,927 adult adoptees have applied for identifying birth information by Dec.1996.
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The majority of adult adoptees in stranger adoptions have now asked for and received their birth information.
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Most have found the search and reunion a positive therapeutic journey.
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Support groups have helped in working through joys and sorrows, as adoptees integrate the new knowledge and experience into their self identity. Knowing the whole story increases the sense of wholeness and belonging.
Birth parents since 1985 -
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6,163 birth parents have applied for identifying information on their now adult adoptee by December 1996.
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The formation of support groups has helped them work through grief, anger and joys.
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Birth fathers are now showing increasing interest in obtaining information and reunion.
Adoptive parents
The 1985 submissions on the Adult Adoption Information Bill indicated adoptive parents were split, half in favour and half against. That has changed. Most now support the move. The significant differences between biological and adoptive parenthood are increasingly acknowledged. Likewise the need for most adoptees to search for their origins. Most have found that reunion has strengthened the relationship between adoptees and adoptive parents. There has been a marked swing to openness, and open adoption.
Vetos:
The number of active vetos placed by birth parents reached a peak of 3,350, but fell to 993 by the end of 1996. Vetos placed by adoptees reached a peak of 1,240 but fell to 357. The need for vetos has greatly receded.
Reunions:
With over 20,000 reunions the story of adoption is now pouring out and the picture is clearer. Most searching adoptees want to know who their birth parents are and want a reunion. Reunions are not an end in themselves. They are the beginning of a new phase of completing the adoption circle. Some reunions just exchange information, others form ongoing relationships.
Research indicates
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There is little change in existing relationships between the adoptee and adoptive parents. In most cases the quality of the relationship improved. Adoptive and birth parents need not to be in a conflict, it is a unique opportunity for both.
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Adopted people can successfully integrate two or more families into their lives. Finding birth relatives does not mean they relinquish their adoptive ones.
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Regardless of the what they learn, most adopted people don't regret searching.
Adoption circle:
The adoption triangle has now been replaced by the adoption circle- inclusive of siblings and relatives. Search and reunions are becoming a normal expected part of adoptive relationships.
Open adoption
is now a normal practice.
The frequency of contact ranges from exchange of information to regular visits or in some cases an extended family with all siblings and relatives in open contact.
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Adoptees as they grow up can naturally relate to their birth families, they have not been
abandoned.
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Adoptee self identity is helped by seeing and relating to people of similar origins.
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Adoptees can obtain direct answers as to why they were adopted.
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Adoptive parents can obtain important health and background information.
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Birth parents know what has happened to the child.
Open adoption is not a panacea, but it is a major improvement.
Adoptive Healing Movement
Adoption is a life time experience with consequences flowing through all relationships. Both search and reunion can be of powerful therapeutic value in adoption healing. There is often a need to work through the complex issues. Like AA, we have found that healing requires a series of steps. Support is most effectively provided by persons directly involved. We have to accept what cannot be changed, but have the courage to change what can be changed, and the wisdom to know the difference. The National Conference on Adoption Healing at Wellington in 1997 is evidence of the growing need for healing of traumas, and reintegration of self identity. Healing needs to be more than running an ambulance at the bottom of the cliff. It must also demand the removal of factors that push people over the top.
Law reform
After 15 years of unfilled political promises, the review of the Adoption Act is a stalled process.
Maori issues
The issue of Maori adoption and Treaty rights has been placed before the Waitangi Tribunal. The main issues of contention are, the rightful place of Maori custom, the cultural deprivation and loss of whakapapa, and rights of Whanau in mixed Maori/Paheha adoptions.
Other issues we are facing now
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Assisted Reproductive Technology repeating the mistakes of adoption secrecy.
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Intercountry adoption and interracial adoption.
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Reintroduction of premium payments for adoption. Privatisation of adoption and exposure to market forces. Should we move out of adoption? Adoption v Guardianship.
Where are we going?
Law reform
We need a Commission along the lines of NSW Review of adoption, to undertake a wide spread consultation open to public submissions. It would need to address such special issues such as Maori adoption and the Treaty, intercountry and interracial adoption, the Hague Convention, artificial birth technology, prohibited marriage relationships, legislative provisions for open adoption, guardianship alternatives, provisions for state and private adoption agencies, accountability, support and regulation. New legislation would be drafted on the basis of the Commission report.
Suggested amendments to adoption law
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Birth parents consents may be withdrawn within 26 days of the birth. Birth parents have a right to appear at adoption hearings.
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Open adoption Legislative provision be made for open adoption agreements,to be changed only by mutual consent of the parties or by order of the Family Court.
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Adoption orders may be discharged by the Family Court in cases of irretrievable breakdown of the adoption.
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Prohibited marriages: Adoption creates complex relationships. The Family Court may grant dispensation to marry within the prohibited degrees in special cases.
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Maori adoption:Provide alternative adoption procedures in accord with Maori Custom and the Treaty.
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Guardianship in an amended form be made available as an alternative to adoption.
Adult Adoption Information Act
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Applications:
Similar conditions apply to adoptees and birth parents. If there is no active veto the information be supplied as of right.
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Access to information:relatives and siblings. The Family Court may grant access to information.
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Access to information under 20s. Where special needs exist any party to an adoption may apply to the Family Court for access to, or passing on of information.
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Vetoes: The veto system be abolished, and all existing vetos terminate on their expiry date.
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Counselling: That all counselling be optional.
Conclusion:
New Zealand has led the way in opening up adoption. We have ten years of experience and thousands of reunions. We have lifted the lid off adoption and opened it to research in a way never before possible. These results will form the basis for a full review.
