Tag Archives: Michigan Adoption Legislation

Update on new legislation to end discrimination against Michigan-born adoptees

A coalition of adoptee rights groups in Michigan called the Michigan Adoptee Rights Coalition is working with a bipartisan group of Michigan state lawmakers to advance two adoptee rights reform bills in Michigan. The measures have cleared the state House of Representatives and were moved over to the state Senate just before the Michigan Legislature adjourned in mid-November 2023.

These legislative efforts, now being pushed by the coalition’s three partners (the Minneapolis-based Adoptee Rights Law Center and Michigan-based Adoptee Advocates of Michigan and Michigan Adoptee Collaborative), follow years of advocacy by countless Michigan-born adoptees, on behalf of probably tens of thousands of persons born and relinquished to adoption there in the years before and since World War II.

Committee hearing testimony on November 8, 2023, on HB 5148 and HB 5149 (snip of public video coverage)

The bills, House Bill 5148, sponsored by Rep. Kristian Grant (D-Grand Rapids), and House Bill 5149, sponsored by Rep. Pat Outman (R-Six Lakes), were introduced in the Legislature in late October 2023. The coalition working with the two lawmakers explains that the introduced legislation would, if not amended further, restore long-denied legal rights for adult adoptees to access their original birth records like all non-adopted Michiganders. 

I encourage people to read the bills themselves (HB 5148 and HB 5149) to see how legislation would change current laws. Currently, it is nearly impossible for any adoptee in Michigan to secure a copy (in redacted form) of their original birth certificate (see my FAQs on that topic).

Most importantly, the legislation, if approved and then signed by Gov. Gretchen Whitmer–a Democrat who has not spoken publicly in any statement I can find in favor of adoptee rights–would end outdated laws in Michigan that deny tens of thousands of Michigan born adoptees equal treatment by law. I would be a beneficiary of this legislation, as would my sister, along with uncounted thousands of others separated from their families and kin by the state’s harmful, cruel adoption secrecy laws.

Committee hearing highlights human rights and new and worrisome anti-adoptee messaging

The House Families, Children, and Seniors Committee held its hearing on the bills on Nov. 8, 2023. The hearing is videotaped, and it can be seen by anyone with access to the internet. Testimony and discussion begin at minute 21:00. (Note: the video takes a long time to download; you will need to be patient.)

I was particularly impressed by one supporter of the bill, Ned Andree, a Michigan resident and a bi-racial and transracial adoptee. 

Adoptee Ned Andree speaking in support of the two bills to restore adoptee rights on Nov. 8, 2023

Andree spoke eloquently to the committee in support of the bills. He testified about being adopted and being raised by white parents and seeking his truth for years. He told the committee he was born and relinquished in 1968, from a white mother and an African-born father, originally from Nigeria. Andre spoke of his costly effort find his birth parents, including spending $20,000 to fly to Nigeria to find his birth father, “only to have no success.” Andre also spoke of being denied his truth by the almost impossible barriers created by Michigan’s discriminatory laws denying him his truth. “The current law denies adult adoptees … a fundamental human right granted to non-adoptees.”

Filmmaker and Michigan-born adoptee spoke in support, and a birth mother who also testified in favor of the legislation and told her story of the harm of relinquishment.

Opponents also received prominent time before lawmakers.

Committee hearing testimony of Michigan Catholic Conference (MCC) lobbyist Rebecca Mastee who opposed the two bills on Nov. 8, 2023

Michigan Catholic Conference (MCC) lobbyist Rebecca Mastee came out against the bills with talking points heard in past legislative settings in other states, where opponents seek to enforce legal inequality to millions of persons by supporting outdated adoption secrecy laws. Mastee repeated unprovable talking points and outright lies regarding promised secrecy to birth mothers, when no such legal promises were ever made. Mastee concluded that such non-existing secrecy claims, that have never been documented by written documentation in legislative settings, require that the state continue to deny adult adopted persons equal treatment by law in accessing their birth records, as is the case in Michigan today. These talking points have been used repeatedly in most state legislative hearings I have seen by adoption industry promoters—and Catholic Charities in Michigan and other states were among the biggest adoption “businesses” that separated kin for decades.

Mastee, on behalf of the MCC, also used another false taking point of the alleged “stalking” of birth parents by adoptees as a rationale to deny tens of thousands of adoptees unobstructed access their birth certificate. She offered no facts or any credible evidence such harm can be proven by documented facts. In even more frightening language that is a foreshadowing of pro-adoption rhetoric to come likely for years, Mastee claimed that the bills would harm the flow of newborn infants to the now-expanding baby box supply chain in post-Roe America. (We learned during the hearing that the two bills do not prevent the erasure of new adoptees’ identities who are surrendered in metal dumpsters in Michigan, as allowed by current law, and without any regard to their basic human rights.)

Though grotesque as a basic statement of denied equal rights to current and future adoptees, adoptee rights advocates must confront the new harmful normal that this is now an active talking point. We will likely hear again that adoptees can’t get their birth certificates because it would disrupt the medically harmful practice of newborn infant separation from vulnerable moms through these dangerous baby dumpsters. Luckily this malarky did not convince the state lawmakers the day of the hearing.

Another anti-adoptee rights opponent, lawyer Heath Lowry, of the Michigan Coalition to End Domestic and Sexual violence, testified to oppose the bills. He used the canard of “sexual violence and rape” that has been shared repeatedly in adoptee rights discussions before lawmakers to claim victims of sexual violence would be traumatized to have contact with their child. The scare tactics were given without any evidence. He provided not one fact, no data, not even an anecdote. He claimed that the “consent of birth parents” had to be protected by the continued denial of vital records to thousands of adoptees born in Michigan. His testimony was forcefully tossed aside as baseless by a supporter of the bills who testified in support of the two measures (you can watch the testimonies here).

Fortunately, the committee strongly approved both bills (substitutes) before sending the bills to the full House for a vote.

The new substitute bills are here:

The House of Representatives on Nov. 9, 2023 voted on the substitute bills as follows:

  • HB 5148: Yeas 99, Nays 8, Excused 0, Not Voting 3
  • HB 5149: Yeas 99, Nays 8, Excused 0 Not Voting 3

All of the submitted testimony from adoptees, adoptee rights groups, birth mother groups, and other champions of equality urged lawmakers to support the legislation. All told, supporters provided 45 pages worth of materials in support. That was very impressive to read. You can find a downloadable copy of the testimony for the legislation on the Michigan Legislature’s website. A short hearing summary for Nov. 8, 2023 is here.

Final comments as a Michigan-born adoptee rights advocate

For the record, I have no affiliation with the groups in the coalition who are working with lawmakers, as I explained in this blog post from June 2023.

I have been advocating for adoptee rights in Michigan, my birth state, since the mid-1980s. I published a book on adoptee rights and the public health impacts of the U.S. adoption system in 2018, You Don’t Know How Lucky You Are. It highlights the history of U.S. adoption and a major adoption mill in Michigan that was likely the country’s second biggest adoption promotion center in terms of babies separated from their mothers. It also highlights my experience being denied my vital records, for decades, and the harmful practices of the state’s health system managing vital records, the Michigan Department of Health and Human Services

Advocating and sharing my story in Michigan

Rudy Owens in Michigan in June 2018, promoting adoptee rights and his new book on the American adoption experience.

I just spent four days in my birth state, Michigan, to raise awareness about the lack of equal rights for literally thousands of Michigan-born adoptees. I timed my trip right after the release of my newly published memoir on my adoption experience and examination of the system as a public health, legal, and political issue. In addition to speaking to some lawmakers, many more staff, and Michigan media, I returned to the spot where I was born a child to an unwed mother and then placed into the adoption system. For me that had special significance. (Catch the media coverage generated by my visit here: longer podcast interview and shorter videotaped interview with Michigan Radio, on June 8, 2018.)

Measuring Success or the Lack of it:

Let’s be blunt. I cannot claim any clear victories from my outreach and interviews. Michigan has no pending legislation that would revise Michigan’s statutes that deny Michigander adoptees’ their original birth certificate and other vital records. What’s more, given the current balance of power in Michigan—with the GOP firmly in control of both houses of the legislature and in the governor’s office—it is highly unlikely any reformist adoptee rights measure will be coming soon.

Rudy Owens in the Michigan Senate office building in Lansing in June 2018.

Nationally adoption for the GOP remains the policy alternative to abortion, and Michigan’s adoption’s placement system is mostly run by dozens of Christian organizations, who are supported by the Michigan Department of Health and Human Services. Politically, Michigan’s Republicans are aligned with social and Christian conservatives on many policy matters.

Therefore, I chose to advocate mostly with Democratic lawmakers and their staff, though I did reach out to some Republican senators and representatives, including the office of Senate Majority Leader, Sen. Arlan Meekhoff, who I learned from legislative staff is an adult adoptee. I made the rounds and visited in person every office of all Democratic representatives and senators, and GOP members in both houses.

Legislative staff were courteous and professional, and they patiently heard my short “elevator speech” on the need to promote equal treatment by law for all adoptees to access their records when they turned 18. I proposed four simple ways to improve customer service at the Michigan Department of Health and Human Services (MDHHS), which oversees all vital records and tightly controls the release of adoptee records with the strictest and at times prejudicial interpretation of the state’s utterly confusing adoption law.

Before I had arrived in Lansing on Tuesday, June 5, 2018, I emailed every lawmaker a link to my website for my book on my experience as a Michigan adoptee who was denied his identity and records for decades. Some of the staff had read my email and were ready to speak with me.

The historic Michigan State Capitol Building, taken in June 2018.

Not to my surprise two senior staffers of lawmakers told me about their personal family experiences with Michigan’s adoption laws. Both were negative. The family members of the two staffers had been denied their identity documents or records because of their status their whole lives. They had both passed away, and in one case, an adoption agency had refused to provide even the required legal non-identifying information documents to the surviving spouse of the adoptee. The surviving spouse wanted to find out family medical history to help the couple’s surviving children know if they had any family medical history that may have been passed on.

In this one staffer’s case, they were able to find a dead spouse’s biological and living father and receive information—information that had been withheld because of outdated state laws for decades.

I had a productive exchange with Detroit state Rep. Bettie Cook Scott in her office. Rep. Scott liked my T-shirt that said “Adoptee Rights Are Human Rights,” and she said she supported the principle. She expressed reservations about releasing information to adoptees to protect the privacy of the mother. I explained to her that no birth mother was ever given any legal promise of confidentiality when they relinquished their kin, often in very stressful circumstances in the decades after WWII. I also reaffirmed my firm view that all adults should, as a matter of law, be treated equally by law.

Despite our differences, she saw me in rotunda area of the Capitol and asked me to request that I be recognized by her on the floor of the House of Representatives. I filled out the recognition form. I then entered the visitor’s gallery. After receiving permission from the Speaker of the House, she asked the House to recognize me as a Detroit adoptee who had flown out from Oregon to advocate for adoptee rights as human rights. She speaker asked me to rise, and I got a warm applause from lawmakers and the other visitors. That was great.

Conversation Cafe in Lansing to promote adoptee rights.

Taking it to the Streets, in Lansing

On day two of my visit, I wanted to try what I call café conversations. This involved setting up a small table with a chair and having message signs. My two signs said: “Talk to an Adoptee” and “Proud to Be: Detroit Native, Bastard, Adoptee.” I set up shop at a corner of the main capitol square in Lansing, near the statue honoring sharpshooters from the Civil War.

Most of the passers-by were lobbyists talking on their phones, long oblivious to any political stunt and protester they have seen over the years in Lansing. Most never even made eye contact with me. A bill that would be approved later that day to end Michigan’s status as a “right to work” state also had drawn hundreds of trades people to the capital to protest the pending measure that they opposed. They were mostly big, burly, and very tough Michigan men and a few equally scrappy looking women, Wearing their union shirts and work gear, they did not seem to care who I was either. I got a few laughs too.

Rudy Owens and a fellow Michigan adoptee in Lansing, both of whom were denied their original birth certificates by the state because they were adopted.

This might have been a flop if I did not have some amazing and moving conversations with strangers.

  • One 40-year-old woman told me she had given up her son to an open adoption and still remained in touch with him. She later had two girls of her own. She expressed support for my efforts and wanted to read book. She was practically in tears talking about her decision to have given up her son when she had hit a rough patch in her life and knew she could not be a good mother and raise him.
  • Another woman, two years younger than me asked, “What’s this sign about?” I told her I was a Detroit adoptee who had been denied my birth certificate for 51 years, even 27 years after I knew my birth family until I got a court order. She then shared she too was an adoptee who had found her birth mother when she was 21. She had been placed by the Catholic Church-run St. Vincent De Paul Society. She loved that I had gotten my birth certificate and expressed deep frustration she could not get her certificate. We gave each other high fives and posed for pictures in front of my sign “Talk to an Adoptee.”
  • Two bike cops stopped by and asked what I was about. When I told them, one of the young policeman on a mountain bike said he too was adopted in a family of eight adopted children. He did not share his personal views on adoption records, but could relate to my story about being adopted in Michigan. I took pictures of him and cool mountain bike.
  • A man in his late 50s came straight up to my table and also asked what I was doing. When I mentioned his book, he told me he had adopted five children, in his case two sets of siblings. The set with three siblings were Native American, and he said the “authorities” had determined the girls’ relatives were not deemed “fit” to raise them. However, he said, he was trying to keep them informed about their culture as much he could.

I had been hoping for more conversations, but after three hours I decided I was not going to accomplish more that busy day. The state’s dairy council tent about 100 yards from me had drawn hundreds with free ice cream giveaways, and I had no traffic. The photos I took and posted on social media helped tell the story about bringing my narrative of being denied equal rights as an adoptee to the public. However, the method did not lead to any viral media or any media attention.

The Capitol-based reporter for the Detroit News, who I spoke to a day earlier in his office and who, coincidentally, was adopted and even sympathetic to the unequal legal treatment of adoptees, passed on my pitch for a story or interview. His job was to cover the “big bills,” not a little-known adoptee and author. He gave me a quick hello going to and from the Michigan Senate chambers that morning and let my story float by. 

Media Coverage:

Rudy Owens with Steve Neavling and Nurse Charms at 910 AM Superstation in Southfield, Michigan.

Over the next two days I landed two broadcast media interviews, in Detroit and Ann Arbor, which reached listeners in Detroit, in Michigan, and even nationally.

On Thursday, June 7, 2018, Southfield-based 910 AM Superstation, an ABC affiliate, invited me on to a talk radio program hosted by independent journalist Steve Neavling. He is also the publisher  the Motorcity Muckracker news site. Neavling’s show, “The Muckracker Report,” takes on a range of political and controversial issues with a progressive perspective, and he was fascinated by the story of Crittenton General Hospital, where I was born and literally thousands of families were separated by adoption.

During our on air interview, he shared his father was an adoptee from Pennsylvania who never found his biological family. We had a great conversation on the history of adoption placement, the way the Crittenton maternity homes and hospitals became centers for adoption promotion, and how these past issues that I describe in my book had a direct connection to the controversial policy of the Trump White House to separate families and children at the southern U.S. border as a form of deterrence.

This connection had been a hot thread among adoptee advocates since late May, as progressives activists around the country had been responding to children of nearly 1,500 unaccounted for migrant children as of late May (and growing since) and had begun hashtag-style protests with the lines “#WhereAreTheChildren.” Nationally, it appeared that no one but adoptees was noting that millions had been separated by adoption with barely any public recognition of these painful historic facts. I made that point during the interview.

We also talked about a range of issues such as the state law denying equal treatment by law for adoptees, how the MDHHS treats adoptees seeking help, and how many adoptees and their kin are in the United States and Michigan.

Producer Mercedes Mejia speaks with author Rudy Owens during an interview for the Michigan Radio new program Stateside.

On June 8, 2018, in Ann Arbor and my final day in Michigan, I had a more than 11 minute interview with Lester Graham, one of the hosts of the show Stateside, produced by the NPR affiliate Michigan Radio. We avoided the controversial issue of adoption as a form of family separation and the hospital where that occurred for decades in Detroit and where I was born and relinquished into adoption. Instead we discussed Michigan’s laws that I said denied adoptees their human rights. We also talked about the four simple ideas I proposed that could improve how the MDHHS deals with adoptees, even with the current laws in place.

During our Q&A, I highlighted my basic reason for writing the book, to shed light on the story of adoption and how it is a story that impacts millions and keeps families from knowing each other. I was able to throw in medical history as a reason to allow all adult adoptees to access their records and highlighted how poorly counted adoptees are, which prevents policymakers from knowing the impact of current legislation and policies.

Michigan Radio staff also did a videotaped interview with me with station producer Mercedes Mejia, to run on their website. She asked me about my book, where I was from and who I was, and why it was important for me to get my birth certificate. I told her it was magical to have that document in my hands, as a symbol of my connection to my original birth identity and family ancestry. She asked what advice I would give to someone who might have wanted to have done what I did. I said it was worth it to have done something that promoted equality and was for principles that made the country stronger and better.

Above all I appreciated how the Michigan Radio news team did not focus on my adoption reunion with my birth family. That itself almost made my cross-country adventure worth the cost, in time and money.

Back to My Place of Origin

During the two days in the Detroit and Ann Arbor area, I finally visited the place of my birth: Crittenton General Hospital, the epicenter of adoption in Michigan for decades.

Crittenton General Hospital in Detroit, taken in 1930 (from the National Florence Crittenton Mission).

The building is now torn down. In its place is a large, boxy utilitarian set of buildings housing the Detroit Jobs Center and a nursing home, all surrounded by a gated steel fence. There is no plaque mentioning the hospital, how long it operated, and who it served. The surrounding area, just west of the John Lodge Freeway and at the intersections of Rosa Parks Boulevard and Tuxedo Street, is severely distressed.

Multiple houses a half a block from the old hospital site were in various states of collapsing. On Rosa Parks, by the rear entrance to the jobs center, a two-story apartment was slowly falling down—and no doubt would be destroyed one day or, sadly, torched by an arsonist.

The former Crittenton Maternity Home on Woodrow Wilson is now the home of Cass Community Social Services. The former home used to house single mothers before they gave birth next door at the former Crittenton General Hospital, from the the 1950s through the 1970s.

The former Crittenton Maternity Home, in a three-story brick building next to the old hospital site, is still standing. It is now run by Cass Community Social Services. I saw a young and I’m sure poor mother with her child entering the building. I realized how the story of single mothers continues today, but with different issues and without the full-throated promotion of adoption by nearly all major groups involved in social work and the care of children. I took some photos of the home and then went to the hospital site.

I took out my sign that I had quickly made in my car using a fat Sharpie. It simply said: “I was born here.”

Rudy Owens at the site of the former Crittenton General Hospital, where he was born and relinquished into foster care in the mid-1960s, and then adopted at five and a half weeks after his birth.

I took multiple pictures, on a hot, muggy, and sunny day, but I could not manage a smile. I could not make light of my origins at this place, where so many mothers said goodbye, forever, to their children. It is not a happy story.

Despite my stern appearance, I felt a sense of elation to have finally returned to my place of origin. It felt like closure. I accomplished what I set out to do decades earlier, for myself and on behalf of other adoptees denied knowledge of who they were and where they came from.

This time, I had controlled the story. This time, I was telling that to the world with my newly published book and public conversations that had been connecting with readers. This time, I owned the moment, unlike the one when I arrived as a nearly underweight baby, heading into the U.S. adoption system in Michigan and a new family.

And no one, not the state of Michigan or the groups who determined my life because of my status as an illegitimate child, could ever take that from me.

Yeah, it was worth it. That selfie and throwaway sign were my Trajan’s Column, as glorious as anything ever built by a conquering Roman emperor. The adoptee hero, as I frequently describe all adoptees searching for their past, had returned victorious to Rome (Detroit), even if there were no crowds throwing garlands upon me and no one to write poetry celebrating that victory. I had written that story already.