 |
||||||||||||||||
|
Measure 58 Update
Ordering Preadoption Birth Records
November 3, 1998 The law is passed and immediately appealed.
May 31, 2006 Six Year Anniversary Report
May 31, 2007 Seven Year Anniversary Report November 3, 1998 - Voters passed Ballot Measure 58. Before December 3, 1998 when the law was scheduled to go into effect, a group of birth mothers filed a court appeal questioning the constitutionality of the law. They put forward arguments that they were promised confidentiality which could not legally be withdrawn. Pending the outcome of the review, Marion County Court issued a stay, stopping the implementation of the law. The Court review of the appeal was delayed while additional birth mothers joined the opponents and some individuals and organizations asked to be recognized as intervenors and respondents in the appeal. The Oregon Department of Justice acted on behalf of the State of Oregon to defend the new law before the Marion County Court. Immediately after the law passed, the Vital Records Office began to receive orders for the records which could not be processed due to the legal challenge and resulting court stay. July 19, 1999 - The Marion County Court upheld the constitutionality of Ballot Measure 58. Before the ruling was signed and the law could go into effect, the opponents of the law requested and were granted an injunction, stopping implementation while an appeal was filed with the Oregon Court of Appeals. By July 19, 1999, almost 600 orders had been received which could not be processed.
July 1999 - The Oregon Legislature amended Ballot Measure 58 to allow birth parents to file statements about their preference for contact. By the end of July 1999, the Vital Records office had more than 1000 orders pending for preadoption birth records. August 4, 1999 - The Oregon Court of Appeals set a deadline of August 12 to respond to a motion to stay judgement pending a new appeal.
August 16, 1999 - The Marion County Court extended the stay on enforcing the law for 90 days or until the court could decide the appeal.
September 13, 1999 - the stay is extended until January 2000.
December 29, 1999 - The Oregon Appeals Court issued an opinion upholding the constitutionality of Ballot Measure 58.
December 30, 1999 - The Oregon Appeals Court approved a seven-day stay while a new appeal was prepared.
January 7, 2000 - The Oregon Supreme Court ruled that the stay should continue indefinitely while the Court considered whether to review the case.
March 21, 2000 - Oregon Supreme Court denied a request for review, but kept the stay in effect for 21 days. By the end of March 2000, more than 2000 orders were pending for preadoption birth records.
April 10, 2000 - The Oregon Supreme Court extended the stay until May 2.
May 3, 2000 - The opponents of the law petitioned the Oregon Supreme Court to reconsider their earlier decision not to review the law. The stay was extended while the Court considered the petition.
May 16, 2000 - The Oregon Supreme Court denied the request for reconsideration and extended the stay for 14 days.
May 24, 2000 - The Oregon Appeals Court denied the request for an extension of the stay. With the denial of the extension, the date for processing of orders was set for May 31, 2000.
May 31, 2000 - Appeals to the U.S. Supreme Court failed, and the processing of orders began. The first records were mailed on June 2. Oregon Vital Records started processing the 2200 orders on hand, beginning with the earliest orders placed. By the end of June 2000, another 1600 orders had been received, for a total of 3800 orders.
September 5, 2000 - Oregon Vital Records caught up on the backlog of orders and began processing new requests as they arrived. By the end of the first week of September, about 4400 preadoption birth records had been issued. All backlogged orders had been researched. Some orders remained which could not be filled without special searches due to problems with locating the sealed files or identifying the correct sealed file numbers.
May 31, 2001 - First Year Anniversary Report - The first anniversary for the implementation of the law that allowed adoptees to order birth certificates listing their biological parent(s). Oregon born adoptees over the age of 21 or their legal representatives had placed 5832 orders for these birth records and the Center for Health Statistics completed and issued 5565 birth certificates. By May 31, 2001, 411 Contact Preference Forms from biological parents had been received. Of this total, 305 birth parents wanted direct contact, 27 stated they wanted contact through an intermediary and 79 filed statements saying they did not want contact but provided an updated medical history form for the adoptee.
|
||||||||||||||||
