On Tuesday, December 10, 2019, Karen Greenberg testified at a joint hearing before the Committee on Public Health in support of Bill H. 1892 : Act Granting Equal Access to Original Birth Certificates to all Persons Born in Massachusetts.
The current statute
M.G.L.Ch. 46 s. 2B does not allow access to original birth certificates to those persons who were born in Massachusetts, between July 17, 1974 through January 1, 2008, and subsequently adopted. The current bill seeks to eliminate those gap years, to allow all persons who were born in Massachusetts, regardless of year, and were subsequently adopted, access to their original birth certificates.
In the eyes of the law, the current statute is unconstitutional, because it is a violation of the Equal Protection Clause of the U.S. Constitution to give certain persons unequal treatment. Moreover, the very language of the statute VOIDS all surrenders taken during those years. Why? In defense of the current statute, it is said women who gave birth during those years were promised anonymity. The Massachusetts Surrender, states on its face it is unconditional. And yet, valid surrenders are unconditional. The promise of anonymity makes the surrender conditional and void!