Tag Archives: Illegitimacy

After 80 days, Michigan finally releases my original birth certificate

The Michigan health and public health agency, the Michigan Department of Health and Human Services (MDHHS), took 80 days to release two copies of my original birth certificate after getting my order for rush service on August 16, 2024.

The two copies of the true record of my birth, and my biological kin relations provided in this critical vital record that is a human right of all persons, finally landed in my mailbox on November 4, 2024. The process, as it occurred with denials and delays, violated not one but two court orders requiring MDHHS to release my vital record, as required by state law law.

I had to get a state court to intervene. (Note, I already had a standing court order from 2016 when I first won my legal fight for my vital record.)

See my video highlighting this clearly wrongful and unlawful delay.

Even though I secured a second court order on September 19, 2024, to compel this mostly hostile agency to thousands of Michigan-born adoptees to release my original birth record, that second court order was also denied.

A section of the latest court order requiring MDHHS to release two copies of Rudy Owens’ original birth certificate

MDHHS received that second court order on October 4, 2024 (I have a legal record confirming its delivery) and then sent a denial by letter on October 7, 2024.

In MDHHS’s signed letter, which did not provide any statutory reference—because there was no law allowing this—State Registrar Jeffrey D. Duncan noted, in all capital letters, “YOU MUST HAVE A CURRENT ORDER TO GET SEALED RECORDS.” (Note, this is false, and no such statutory provision in any law exists.)

As I shared already in my update and video published in mid-August 2024, there are several relevant Michigan statutes that set out adoption laws relevant to issues facing adoptees of my generation: § 710, 333, 368.

None establishes any conditions to deny the release of more than one original birth certificate to a Michigan-born such as myself who provided a court order already.

In fact, the statute § 333.2882 does state, the original birth certificate is accessible “upon a court order.” I met this condition with the court order already sent to MDHHS in June 2016, forcing it to send me a copy of my original birth certificate. I re-sent MDHHS on August 13, 2024, what I sent earlier in June 2016, and a copy of my vital record it sent me in July 2016 to prove it has already released the record before.

It’s important to highlight for lawmakers, the media, and any group that advocates for state agency compliance of state laws the harm and insanity of what denied and delayed justice means to myself and to tens of thousands of adoptees who may never even find their kin or get their original vital records.

I met my birth kin and my mother had sent in a signed consent form to release my birth certificate in April 1989—that was more than 35 years ago!

The court sided with me in late June 2016 to compel MDHSS to unseal my original birth certificate 27 years after I found my birth parents. I’m not a secret, but I continue to be treated like a bastard who is not a person protected by state law and the state constitution.

Lastly, throughout this entire process of obtaining what is mine as a human and legal right, my original birth certificate, the only government office that ever did anything to provide fair and balanced basic service involving what is ultimately a matter of law was the Third Circuit Court in Detroit and the personnel who worked there.

The state of Michigan intentionally chooses to be an adversary to a group denied basic legal rights bestowed on millions of other Michiganders, and its personnel all the way to its senior leadership, Director Elizabeth Hertel, appears committed to harming those who were severed from their biological families by the inequitable system of adoption for decades.

Multiple generations of people in Michigan have now suffered because of this, and no one seems to care about solving the problem outside some courageous lawmakers who unsuccessfully tried do that that in fall 2023 and winter 2024.

See my other stories and videos documenting my lawful request for my original birth certificate, and the delays and denials by MDHHS:

 

In the end, too many adoptees will leave this world alone

Rudy Owens self-portrait with the latest health challenge on full view

My current health situation, that has only started and won’t get better for a long time, reminds me of my years intervening to support my adoptive mom (who I call “mom”) and my adoptive sister. Mom died in February 2020 after a long bout with Alzheimer’s, and my adoptive sister, who is in a nursing home, is not well.

Maybe I could have done more to help both of them. I still do what I can to help my adoptive sister. My stepdad did more than seven years of heroic caregiving for my mom, and I appreciate what he did. Now that I find myself with serious health challenges, it’s sobering to realize how no one should go through life without someone to watch their back, particularly at the end of life.

In my case, there is no one in my adoptive family or stepfamily of 41 years who would step in to help me, even if we lived in the same community. Right now, I’m sure my three stepsisters know I’m injured by talking to my stepdad, and yet none have even sent an email. We live scattered, far from each other. This is the reality for all of these relations. If I am injured worse than I am now, I am entirely on my own. I continue to plan my life and the next chapter of my life with this as a daily priority to address.

I also think about being adopted and what compassion and care mean for the millions denied their biological relations by this oppressive system rooted in law, religious bias, politics, economics, social practices that have exploited many groups and single moms, racist practices that remove children of color from their kin networks, and corruption that has brought hundreds of thousands of persons to the United States to meet a “market demand.”

We adoptees are robbed of our many, many kin—parents, siblings, half-siblings, cousins, second cousins, aunts, uncles, second aunts, second uncles, third cousins, third aunts and uncles, nieces, nephews, and countless more. All of these relations are also those who naturally and logically would be there to help us through life’s challenges. This is because the nature of our biological kinship, the root to our survival as a species from a socio-evolutionary perspective that is documented clearly in scientific research.

Rudy Owens and his recently found bio-kin in Finland, photographed in September 2024–we are family at the most elemental level and especially by blood kinship.

In my case, I am entirely on my own. No one is there to “watch my back.” It is a situation I have to deal with.

The one positive note from this sobering reality is I at least know I have biological kin in Finland—found in 2023—who genuinely care about me because we are kin. We are not all aligned politically. We are connected by biology, blood kinship, and genetics. At least I have this reservoir of knowledge to draw upon understanding how kinship works at a biological level in how we treat each other.

My blood kin in the United States, many who have died, live far from me. For those on my biological mother’s family, I am not connected with many. Some never even knew about me until recently, and our close “proximity” to each other as blood kin also creates tension that they cannot accept. The real barrier is my status as the bastard—the dark and dirty secret who had to be abandoned to this system of adoption to preserve society’s needs and to remove the dark stigma that illegitimacy has always represented globally to society all the way down to the individuals in families.

I cannot change anyone, and I cannot make anyone want to know me. What I can do now is make a plan to be ready for this final chapter.

I accept what adoption has done to my natural biologically-rooted safety net—because that is reality. Finland is very much on my mind as place to consider my last chapters. At least there, it is a society that cares for everyone, unlike our country that is unable to achieve lasting change for the better of us all.

Michigan Department of Health and Human Services ignores two court orders to release adoptee’s original birth record

The Michigan Department of Health and Human Services (MDHHS) and its Vital Records office is illegally denying an adult adoptee (me) two extra copies of their original birth record after the agency received a court order on Oct. 4, 2024 to release two copies.

See my video that I published the day I received this denial by mail on October 15, 2024.

MDHHS has a long and very well-documented record of treating Michigan-born adoptees unprofessionally, and in my case, outside of the boundaries allowed by law. This fits a pattern I have experienced for years. I dealt with similar efforts to withhold my legal vital record in 2016.

MDHHS denial letter in violation of state law sent to Rudy Owens on October 7, 2024

The denial letter is signed by State Registrar Jeffrey Duncan. It is also dated October 7, 2024, three days after the agency received my latest court order from the Third Circuit Court of Detroit ordering this agency to release two copies of my original birth certificate that it was also compelled to release already by a separate court order order received by MDHHS in June 2016.

The second court order was not legally required by law–repeat, not required by law. The letter did not cite a statute because no such statute exists for this action. So as of October 4, 2024, it possesses two standing and lawful courts orders now to release two copies of my original birth record. It received all my required documents on August 16, 2024 (I have legal proof of that) and even cashed my check paying for my two records (I have that cashed check too, August 20, 2024).

A section of the latest court order requiring MDHHS to release two copies of Rudy Owens’ original birth certificate

They have my request, my money, extensive records proving my identify, my birth mother’s consent form to release my records from April 1989, and two court orders compelling them to obey the law.

Withholding my extra copies of my original birth record–I already have an original copy I obtained in July 2016–is an attempt to avoid their lawfully prescribed duties. This should be of concern to the media, the Michigan Attorney General, and thousands of adoptees already treated without any basic courtesy by MDHHS staff. I will be providing updates later.

I’ve alerted the media, adoptee rights organizations, and state lawmakers. Also, I have never forgotten who I am and always will be: the “Bastard from Detroit.”

One of the state’s most powerful state bureaucracies continues to act like I am deserving of being treated as a non-human, which historically is how bastards like me have been abused and harmed for centuries in the USA and in countless societies globally. Today’s harm is systemic denial of legal equality, and in Michigan and MDHHS’s case, failure to obey the law.

See my first video that I posted when I filed by request for two extra copies of my original birth certificate and my video made after I filed a request for a redundant court order that is not required by law for MDHHS to release my vital record it must do by law already. I posted this video the day I filed my request that was just illegally denied by MDHHS on October 7, 2024.

 

‘No friends but the mountains’

The Kurds’ saying is also true for adoptees: “No friends but the mountains.”

I rarely do videos related to my book on my story as an adoptee and U.S. adoption history, or on larger adoptee rights issues.

Last week, I decided to make one. Find my video here.

I made it on the fly, in response to a now-stalled and wildly discriminatory bill against adoptees in the California Assembly, AB 1302.

I needed to express my realization and my personal and sobering assessment of the cold, hard, and inequitable reality that adoptees continue to face in the political sphere. In that place where laws, politics, power, and culture collide, adoption remains a reliably bipartisan issue championed by Democrats and Republicans in states and nationally. We saw that with this bill in a state with a rock-solid Democrat super majority in the state legislature and control of the Governor’s office.

Here is reality as I see it based on the outcomes and the events that unfolded: Adoptees have no friends but the mountains.

My video that I shared shortly after the California Judiciary approved an anti-adoptee bill with not one “no” vote and the committee controlled by Democrats by a nearly 3-1 margin.

I stand by this assessment because the facts point to this long-used Kurdish metaphor of being betrayed by all sides, which all of us can independently verify and see.

We do not have to like it, but confronting the underlying truth is critical to how one approaches solutions strategically. It is also relevant for what I see in my birth state of Michigan, where there is no effort by a Democratic governor, Gretchen Whitmer, or its Democratically controlled legislature to even acknowledge denied human and legal rights to thousands of adoptees like me who were born there.

What happened and where is this bill in the California Legislature:

Apparently this measure is now stalled because it did not advance on the legislative calendar for this year.

However, I cannot independently confirm this based on the bill’s tracking record, but this has been reported by the Adoptee Rights Law Center. That would mean the measure is still ready to be heard in 2024 by the Assembly Health Care Committee. I think we all need to see this communicated clearly by the California Legislature too.

Assemblymember Tom Lackey (R-Palmdale) is the prime sponsor of AB 1302, which is one of the most anti-adoptee pieces of legislation proposed in a state legislature in years, based on its potential harm to likely tens of thousands of adoptees born in California.

This measure is sponsored and championed by an anti-abortion, right-leaning state lawmaker, Assemblymember Tom Lackey (R-Palmdale). He is an adoptive parent of two children, and his anti-abortion voting record aligns with the wider GOP efforts to promote adoption as the so-called “policy alternative” to abortion.

As we’ve seen since the U.S. Supreme Court’s anti-women decision the 2022 Dobbs decision, this view is gaining momentum, to the detriment of adoptees and women and their rights to bodily autonomy.

In his deliberately dishonest presentation of what the bill would do, Lackey was joined by the proverbial “anti-adoptee” Quisling. I use that term for a person who is adopted and who supports legislation that harms the collective group of millions of adoptees. In this case it was a seasoned corporate lobbyist named Lance Hastings, who fulfilled the obligatory role of a Quisling we see whenever adoptees are sold out without regard to their inherent legal and human rights. “Quisling” is the appropriate word because the facts bear it out.

Both Lackey and the Quisling presented what I call false statements and framing comments that no one called out for what they were.

Before the hearing, adoptees and adoptee rights advocates, however, provided lawmakers ample documentation to call out such falsehoods. From what I saw, no comments were uttered by lawmakers who had that information.

Afterwards, Bastard Nation, which staunchly opposed this regressive and discriminatory measure, wrote a devastating analysis of everything wrong with this harmful proposed bill. That analysis noted: “AB1302 bill would not have flown 50 years ago much less today. It goes against current adoption culture, best practice standards, and the success of the adoptee rights and justice movement/OBC access. [Fourteen] states already unseal [original birth certificates] with no restrictions or conditions for the adoptees to which they belong.” Also go here to see the nightmare that AB 1302 would lead to if passed as written; the infographic is by Adoptee Rights Law, and is brilliant. Also see Adoptee Rights Law summary here.

The legislative kabuki during the bill hearing proved the hardest to watch and internalize. I say kabuki because that best describes the bill hearing for this toxic measure and how publicly disengaged logical allies were at the bill’s hearing on April 18, 2023, with the Assembly Judiciary Committee. (See the full hearing recording here, starting at around 37:00, with the CalOpens testimony against starting at 46:00.) The logical allies, many assume, would be California’s elected Democrats on the Assembly Judiciary Committee.

This committee has eight Democrats and three Republicans.

At no time did Democrats state facts provided to them by multiple adoptee rights advocates in advance that no adoptee rights group supported the measure or were consulted. At no time did Democrats state the most basic fact of all: that this bill and existing law deny all adoptees in California equal treatment by law.

Zip.

Nothing.

Silence.

And no on in that room needed anyone to tell them millions of adoptees, including all of those born in California, are denied equality by law.

That is the 800-pound gorilla that not one of them had the cojones to confront. Even worse, this Democrat-dominated committee recorded not one “no” vote.

Worse, it’s impossible to even tell during the roll call from the legislative video what the abstaining votes said when asked to publicly cast their vote. It sounded like mumbles so they would not heard, as they apparently cowered with their muffled public votes.

This is a copy of the California Assembly Judiciary vote on April 18, 2023, when no Democrats voted against a measure that passed with eight yes votes and three abstentions, which if passed into law would further deprive basic legal rights from thousands of California-born adoptees.

Adoptees can learn from the Kurds: they have no friends but the mountains

According to the legislative record, which is published however, eight committee members voted for it, and three “abstained.”

That’s called cowardice, because it is. I believe that is a factual statement too.

In short, adoptees were abandoned again by legislative silence and performance gestures.

The worst of the lies and talking point shared repeatedly in most legislative hearings, that a birth mother was promised confidentiality, was not corrected, even after a lawyer invited to the presenter table for reasons I still don’t understand openly lied to committee members that a so-called “presumed promise” of confidentiality to women coerced into surrendering their children to adoption existed.

For the record, no such legal promise has ever been made or documented in any court or legislative setting.

Bastard Nation in its submitted response on this bill addressed this canard that never, ever dies: “There is no evidence in any state that records were sealed to ‘protect’ the reputation or ‘privacy’ of biological parents who relinquished children for adoption. In the over 60 years of the adoptee rights struggle, not one single document has been presented anywhere that shows that birthparents were promised or guaranteed anonymity by the state or anyone else. If they were made on the sly, they were made by individuals who had no legal authority to do so.”

In the end, misinformation and kabuki prevailed.

Adoptees were abandoned by their likely but no-show “friends,” and the bill advanced.

Though this bill appears to be on hold until 2024—which I still can’t verify on the Legislature’s website—adoptees will have to confront their reality in other states and with the public.

The Kurds know betrayal well having endured countless acts of harm from nations in their historic homelands, as well as from the United States.

Right now, they have no allies.

They have no “friends” willing to correct lies and misinformation when it counts and where it counts.

They are utterly on their own, as they always have been the last half-century of working tirelessly to end legal discrimination, rooted in my view in their illegitimate status.

So that is why I made my video, as a reminder of lived truth, which the historically persecuted Kurdish people have experienced since they were denied a nation state by conniving colonial powers after WWI. They have a saying, uttered at each violent, tragic betrayal by all nations, repeatedly since that time: “No friends but the mountains.”

‘Can you help me with my search?’

Because my website for my book on the U.S. adoption experience is one of the few online resources exploring the history of the adoption system in Michigan in the post-World War II era, I am frequently contacted by strangers impacted by adoption in my birth state. 

The contacts include those who were placed for adoption like me looking for help finding their biological kin. I get emails from birth mothers who may have given up their child at my birthplace, Crittenton General Hospital, perhaps one of the largest maternity hospitals in the country that promoted the separation of mothers and their infants from the 1930s through its closing in 1975. I also have been contacted by adoptees seeking help petitioning Michigan courts for their records—a topic I address with online fact sheets that provide detailed steps how to do a court petition, with links to all documents that I have been able to find.

For nearly all requests, there literally is nothing I can do to help people with their searches. What I have already published, and update as I get more information, is the information that I can share.

I recently replied to an adoptee and a financial investor in Florida who wanted me to provide tips about doing a court petition. Because I am not a lawyer, I cannot provide legal advice. In his case, I sent him links to my two FAQs, which give as much information and guidance that I am able to provide.

I provided those materials because the state of Michigan and the courts in Michigan refuse to provide this information for adoptees, when they have a legal and moral obligation to assist the tens of thousands of adoptees separated by the state’s discriminatory laws denying all adoptees their legal, human, and equal rights to their vital records and their biological, medical, and family histories.

My birthplace, Crittenton General Hospital of Detroit, taken in 1965, the year of my birth

No, this is not fair

When I provide replies that do not offer the assistance people want, I usually never get a follow up or even a courtesy appreciatory comment that the materials published provide some people a small measure of information not given by the state. While that is a bit disappointing, my reasons for publishing my resources have never been about money or even gratitude. My focus remains on changing laws that deny rights to many that are decades in need of overhaul. If the material I share provides some small measure of assistance to the public, particularly adoptees and their kin searching for them, then that is a nice outcome too. That is reward in itself.

Being an adoptee, with few political and media allies, is by definition a hard place to be when you are searching for answers to who you are and your kin connections. No one’s story is the only story. All of them matter, and all adoptees, on their own, have to confront their reality in a way that makes sense for them.

My view on this approach to the adoptee-lived life may not be shared by many. However, my perspective, particularly at this point in my life, is that this is the often inequitable fate many adoptees were handed. It has nothing to do with fairness. Only the individuals can confront their fate in a way that makes sense for them. That is my own view, but also one deeply informed by the writings and wisdom of Holocaust survivor and psychiatrist Viktor Frankl.

Holocaust survivor, writer, and humanist Viktor Frankl, taken two years after his liberation from the Nazi camp system

Writing shortly after the war and his internment in Nazi camps, Frankl wrote that when faced with any situation in life, we all have a freedom to choose how we confront life’s obstacles. “Between stimulus and response, there is a space,” he wrote. “In that space is our power to choose our response. In our response lies our growth and our freedom.”

That is not an idea that a lot of people, including adoptees, embrace for many reasons. But in my own experience, this perspective has helped me. It also continues to inform what I can and cannot do when others need help with the system that remains shrouded in inequity and legal barriers that deny equality.

A recent request

I was contacted last night by a man in his mid-70s who claimed that he was the father of a son born at my birthplace, in Detroit, who was then placed for adoption.

I do not know all of the details. I do not know why he was not involved in his purported son’s life earlier, but frequently the persons who had to deal with negative consequences of having a child out of marriage prior to the 1970s were the mother and the child. Historically and globally, women and children have borne the brunt of societies’ brutal and heartless treatment of single mothers and bastard children. This stigma fueled the system into which I was born an adoptee.

The historic reality of this treatment has never escaped me. It also was reflected in my own experience, with a father-by-sperm only, who never acknowledged I was his biological offspring by the time he died 15 years after I first met him. That is hardly a new story. It is part of the larger and universal story of illegitimacy.

When this main who claimed he was the father of an adoptee asked me to help give him assistance in finding his son, I literally had no advice for him because I do not provide that assistance or do searches for others. As someone who has now studied the history of illegitimacy and the U.S. adoption system’s historic treatment of infants and mothers, I did not feel greatly compelled to know why at the end of his life, he felt a need to make this connection. I do wonder why he was not there when his son started his life and needed to be with his biological kin.

Here is what I shared. I would like to think he might care enough about other children relinquished because of societal stigma, because of fathers who refused to accept paternity as history has documented as the norm now for centuries, and because of concerns for equality. If this man did take action to help other adoptees, and not just his own son he claimed to have sired, that would be great. But I am also a realist and know that we are often motivated by our own needs foremost. One of those needs is to know our family relations, as adoptees know best of all.

“I’m not in a position to provide people assistance with their personal searches,” I wrote the purported father of a fellow Detroit-born adoptee. “However, one way you can help adoptees is to consider helping all of them. You can do that by supporting legislation that would open records to them at the state legislative level, in Michigan and nationally, given you are involved in this system directly by fathering a son who was was placed for adoption. You can write a letter to the editor of your paper saying that’s needed. You can contact a TV station saying, if Michigan provided adoptees access to their records, I might have contact with my kin. These are all options you can take now. The information I have provided to adoptees is on my website to help any of them who are seeking justice and their past.”

I never heard back from him.