Potential Allies

When trying to make changes or amendments to a policy, having allies who support your cause and can provide additional voices becomes crucial. It also becomes necessary to create a space where people are aware of the issue so that it becomes a matter of public interest rather than just the rhetoric of a special interest group. There are several ways to go about raising awareness and recruiting allies. The primary way, we believe, is to have the voices of those who are affected by the current policy, and the proposed changes, heard. Blogging is one way in which this can be done, however special interest stories in the newspaper or local news stations can also be valuable mediums for generating awareness of an issue. There are also a plethora of interest groups that can be found in the internet community who can be valuable resources to tap into in terms of policy development. Once a course of policy development has been chosen, it is easy enough to find groups who will support that viewpoint, however it is essential to consider the voices of those who disagree as well, or we take the chance on becoming isolated in our thinking and denying the reality that no policy will ever satisfy all those who feel passionately about an issue and who may have very valuable insight into ways it can be improved. Presentations can be made to interested parties, such as in this case, advocates for privacy rights as well as advocates for adoptee rights in terms of pure open adoption. Partnerships can be created between advocacy groups, legal groups and individuals who are affected by the policy that will strengthen the message when trying to bring an issue to the political agenda. Once the voices have been in a sense consolidated, a potential policy amendment can be broached with media, ministers who might be interested in the topic, and the local MP who has the power to put the issue on the table so to speak. Often these potential allies in the political realm can be found through researching the development of the original policy.

L.

How Were the Changes that Just Happened Brought About?

The changes that are currently in process of being implemented came about through dialogue with stakeholders and through protest by people affected on both sides of the issue. The media was heavily involved in presenting both sides of the debate.

Adoption records have traditionally been kept confidential through legislation, but in recent years, some agencies have moved towards more open adoption arrangements. This movement towards various types of openness comes as a reaction to the secrecy that has traditionally marked adoption. It is also affected by the present culture and social construction of family with a focus on biology as opposed to affectionate bonds and social ties (Ambert, 2003). Depending on the situation, many agencies created various forms of openness, in which contact between the adoptee and the birth family, ranging from letters or information sent through the society, to contact with supportive extended family members, to face to face contact with birth parents in specific situations. Such openness is at the discretion of the adoptive parents. Face to face contact with birth parents is not a usual practice for Child Welfare related adoptions unless it is believed to be in the child's best interests.

The issue of open or confidential records affects everyone who is involved in the adoption process, and each person may be profoundly impacted by the outcome of a decision to make contact or a decision not to make contact. For this reason there are strong feelings involved for both sides. Changes have evolved over time.

If you are interested in reading about information about the history of Adoption Disclosure, this is available earlier in the blog.

The Adoption Information Disclosure Act, 2005, amended the Child and Family Services Act and the Vital Statistics Act. Phase One of the new legislation was implemented in January 31, 2007. This allowed adult adoptees over the age of 18 and birth parents to register privacy protections with the Registrar General in the form of no contact notices or contact preferences. This was intended to balance the right of adult adoptees to know about their history and identity, with the right for adoptees and/or birth parents to protect their identity and privacy.

On September 17, 2007, the Adoption Information Disclosure Act was passed, and two days later on September 19, 2007, it was struck down as unconstitutional.

Further changes were made in response to public protest to the plan to release identifying information even in case of past abuse or to situations where the birth parent or adoptee adamantly did not want to be identified. Revisions were made and on May 14, 2008, a revised Access to Information Act (Vital Statistics Statute Law Amendment) 2007 (AARA) was passed.

This allowed:

• Adopted adults to apply for copies of their original birth registrations and adoption orders. Information identifying the adoptive parents will not be disclosed.
• Birth parents to apply for information from their child’s birth registration and adoption orders if the adopted person is 19 years of age or older.
• Adopted adults and birth adults to place a disclosure veto on their file if their adoption was finalized prior to September 1, 2008. The disclosure veto prevents the release of any information found in the birth registration and the adoption order that would identify the person who filed the veto. Applications for Disclosure vetoes were made available on September 1, 2008.

The provision of contact preferences as set out in the AARA of September 2007 was implemented on May 14, 2008. This is available to anyone if the adoptee in over the age of 18, regardless of when the adoption was finalized. A “no contact notice” was made available to prevent disclosure of identifying information in circumstances where there are concerns about preventing sexual harm or significant physical/emotional harm. This means that the birth parent or the adoptee would have to agree in writing, not to contact the person who registered the “no contact notice” before he or she can receive information from the birth registration or the adoption order. The person who violates a “no contact notice” may be fined up to $50,000.

These changes came about because the issue of opening adoption disclosure records brings up controversy and debate as to whose interests such arrangements serve, and there is ongoing debate about the outcomes such arrangements have on those who are involved.

June 1, 2009, is designated as the day when post adoption birth information will be made available.

Implementing the Changes

Implementing changes to policy is difficult. Challenges to changing policy include “high public expectations, confrontational politics, competing and vocal stakeholders, intense media scrutiny and a distrustful citizenry” (Kenny-Scherber, p. 92.) Kenny- Sherber also states that Social workers are expected to be active citizens who participate in influencing public discussion and shaping the decision- making of governments. Social Workers are expected to be advocates on behalf of the powerless (Kenny-Sherber).

The issue is complicated by the conflicting needs of the stakeholders: adoptees, birth parents, and adoptive parents.

There are many ways of working towards implementing changes to policy. These methods are currently being used to implement the policy that is currently being proposed. We suggest these methods could be used to promote further changes which would improve the policy that is to be fully implemented by June 1, 2009.

When changes to the policy are ready to be implemented, it is helpful to discuss and explain the proposed changes and the reasons for the changes to any Provincial Members of Parliament who is willing to listen. It is also helpful to speak with Public Servants to share research results, policy findings and options. Ultimately the goal is for the Minister in charge of Community and Social Services to receive the information from their staff, after they have reviewed the suggestions.

At the same time, the media can be used to provide news releases and to feature stories about real people who will be affected by the proposed policy changes in the existing form and in the proposed revised form. In the media releases, a consistent designated liason person and alternative contacts should be provided in case anyone has questions or wishes to provide further input. Television documentaries and public service announcements help to get the information out to the people about why change is needed. Advertisements in newspapers, magazines and websites help to get the information about proposed change to the people. Printed brochures provide information to anyone who is looking for facts, once a revised policy has been decided upon.

Public presentations can be made at social or service clubs or to explain the proposed changes to the people who are in attendance. Those people then take the information home to their own families or they may tell others about it when the topic arises. The internet can be used to send out information by way of blogs and emails and personal websites.

Partnerships can be developed with other groups who are also trying to make policy changes.And, as in every other situation where people are grateful for work that is being done, a thank-you is always helpful ( information taken from Lecture of November 5, 2008).

H.