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Dear Adoption Maharishi: Do Adoption Laws Violate the 14th Amendment?

Dear Adoption Maharishi,
I am really bothered by the fact that adult adoptees are denied access to their original birth certificates in many states. I can think of no other group of people who are categorically denied access to their own records without having any say. How can this practice comply with the equal protection clause of the 14th amendment?
~ Frustrated
Dear Frustrated,
This is an excellent question. First, let’s review what the 14th amendment says:
All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. [emphasis added]
An argument could be made that keeping adoption records, including the original birth certificate, sealed forever violates the 14th amendment because adoptees are a group of people who never have a say at the court hearing that seals those records. The records are sealed when the adoptee is a minor (frequently an infant), so the adoptee never has a voice in the process. Then, once the adoptee becomes an adult, he or she never has the opportunity to be heard on the issue in many states.
I do believe that adoptees have a strong argument if they can get this issue before the U.S. Supreme Court. So far, the Supreme Court has avoided addressing this issue directly. See this blog entry for links to other sites that support the assertion that denying adult adoptees access to their original birth certificates violates the 14th amendment.
Who are we?
This blog is written by multiple people and expresses our opinions and thoughts about a specific situation. We include adoptive and birth family members.
Our sense of humor led us to select this user name. Dear Adoption Maharishi can be abbreviated as DAM. We are being a little punny. Dam can be defined as a female parent and we are all female.
Do you have a question for the Adoption Maharishi? Please email your question to advice@ouradopt.com.
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Selective reading
Its the words that come before the ones you emphasized that are applicable, '...without due process of law...'. Due process is what courts do, it is also what the legislative and administrative branches of government do. An adoption law legally proposed, evaluated and enacted is due process.
Felons may never be able to vote after conviction, yet there is no 14th amendment issue, due process was followed. The indiviual felon did not get a court hearing on his particular right to vote, it was dictated by the legislature, and that was due process. Indeed all members of that group, felons, are treated equally.
A Point of View
My name is Destiny Candelaria. I was born on September 24, 1997 in the Town of Pueblo, Colorado. This is where I had lived until a few months after of my fourth birthday. I have been with loving relatives ever since. Part of this story will explain why, but for now here is a just little of my past history:
I stand proud that my father's heritage includes part American Navaho ancestry. I can feel it in this land and in my soul. This is the same dirt, “the people” [Navaho] had also once shared with the Ute and Comanche. Now we all stand united, forthright to cause, regardless if scattered by ruling winds.
Early on in my childhood I felt these same winds.
It was a day in August of 2001 and my age just inside of four when I felt an oncoming storm of change. Its direction headed straight toward my upstart family. Sadly, being so young a “light tower” switched on by me would gain us no aid what so ever. It had faded as a possible source of protection for a little brother; – that's when the winds hit...
It happened instantly. I thank god that he never felt the cold of the storm's rush... and as the winds receded, – that's when she told me – he was gone!
He hadn't even a name! ...
My brother was born on October 20, 2001 in Fairfield, New Jersey. He was adopted as a newborn infant; being that long ago day, – windswept from my heart! As of yet, I have no knowledge of where he lives or of his well being.
When I think of our common bond it is unsettling of mind to think that when he meets each new horizon, the chances for our enlightenment will have slipped further into darkness. For years now, I've realized the fear that his whole future holds to me as if a beautiful, yet unseen Navaho Sand Painting... In my mind the colors of his being are standing out bright and vibrant. – Yet, daily forevermore lost to that haunting wind!
Conversely, I'm sure that his ongoing thoughts and feelings are treasures of keep in someone's world. Yet, as each day passes, missing from my own is his every smile or tear that fell. Sadly, some of these having been lost chances at becoming a happy or sad moment with me. It is not unlike a Navaho day ending sunset that must destine it's windblown colored sand to scatter forever under the cover of its ensuing night.
It is then I drift off into sleep still hopeful of another certain Navaho “Wind Talker” ways of means of search...; regardless of bloodline my brother is my mother's son.
Enchantingly, this held hope likens to that of a righteous parable. Where may a lost sense of “family being” chance as reason that a brother's yet unfurled life, might angst for an enlightenment of mine.
Of my dreams, “Wind Talker” is the one that has always prevailed as a morning's awakening remembrance. Tomorrow only knows what the new dawn will shed light on today... I will continue my search...
_____________________________________
Obviously, I had no say in the adoption matter. Yet, his placement was legally granted adopted status without the Natural Father's knowledge or permission. This is a man who has since found out the truth for three years now, but in its telling has found only the deaf ears belonged of the New Jersey Department of Human Services.
However, I can feel another cold wind in welling..., and this time it will be me that heads it in a different direction!
It is also my wish that the reader may know another truth. It is thru my heart that tells of this tale, my second return to speak out against, and I hope to have done so now by means of my brother's Natural Father and his written words. We are still family as the Navaho, Ute and Comanche.
Destiny,
Author,
Believe it or not, the 'Ivory Tower' that you see on the back cover of this book is my replica of an original piece built by a four year old Destiny. It was a tower to warn her immediate family of oncoming change!
That said, “Destiny's Ivory Tower” represents of her deep heartfelt concern for family value. In my mind, the worth of this telling is priceless and can only consider as a one-of-a-kind told story. Moreover, if it is me that has written these words of truth and fiction, then it is Destiny that influences each sentence with an even more genuine sincerity. This one time four year-old girl's sacrifice and pain is one of the major focal points of this story's message. Together, maybe we can stop someone else from suffering same... As stated before it can happen very easily.
Across the nation there are many other children who don't know that they live life under the same circumstances as our brother / son. Yet, long imposed upon Destiny are circumstances that came from the other side of adoption. These have left her a scar-carrying member of the Dying Swans Club!
How did she gain membership into this ever growing club? – After spending eight years looking at the world from an Ivory Tower, thrust before her eyes was a certain view, a perspective of which, many others will also see. Yet, most definitely it is not one viewed by those who wield power from the 'Right' side of adoption... This telling is her Ivory Tower perspective …, as some will come to rue the day of having found out!
Thank you, Destiny Candelaria / David Archuletta