Montreal, September 19, 1997
Registered letter
Without prejudice
Ministère de la santé et des services sociaux
(Ministry of Health and Social Services)
Ministre de la santé et des services sociaux
(Ministry of Health and Social Services)
Mr. Jean Rochon
1075, chemin Ste-Foy
Québec, Qc
G1S 2M1
Rendez-vous de la santé 1997 (Health consultation done by the Quebec Government)
Mr. the Minister,
You will find enclosed a document on health issues as seen from the perspective of adoptees. I should wish our recommendations will be taken into consideration.
Sincerely,
André Desaulniers (E-mail: adoption@total.net)
5257 Chabot
Montreal, Qc
H2H 1Y9
Additonal information is available on the following internet site:
http: //www.total.net/~adoption
Rendez-vous de la santé
Autumn 1997
While not a part of the 1997 health consultations which are restricted to certain organizations I wish to submit a memorandum on the issue. My parents had been dead for three years when I learned by chance at the age of 21 about my adoption. Before that event I always stated as mine my adoptive parents' genetic background to the physicians who treated me. Today I can only give incomplete information on my medical background. I, like over a million individuals in Quebec, am unaware of segments (totality for some) of my genetic background. Such a figure might surprise you because it involves one in seven individuals but it is in fact unfortunately very realistic. There were in fact, between 1930 and 1970 about 300,000 children placed in the care of the state. 200,000 of these were adopted while the others grew up either in an orphanage or in a foster home. Since these people now have children of their own or are grandparents, the million figure of individuals unaware of parts of their genetic background is not so surprising. What is even worst is that a number of these individual (it is in fact impossible to determine how many) state their adoptive family's genetic background as their own. For they are indeed unaware of their adoptee status or of the fact that they are of an adoptee's descent because adoption is a taboo. You may even yourself be among the million individuals kept in the dark by the Government.
The Duplessis era has had a big influence on our province. As a society we have unfortunately decided to sweep everything under the carpet instead of doing a big clean up. The Legislator has even adopted a law of exception concerning adoption: everything remains secret including genetic background. The legislator has thus put the life of numerous citizen in jeopardy. How many operations were done or have not been done on the basis of false or incomplete genetic background? How can medication be prescribed in absolute peace of mind when we know that one in seven individuals is unaware of its genetic background because the legislator decided that so be it?
In a democratic state the voters delegate their power to the hands of the Legislator. The Legislator consequently should not be entitled to write laws with the intention of lying or a law which result in a lie to voters. When it does, it exceed its mandate and arises the issue of the legitimacy of the state. In an effort to improve the image of politicians and avoid destabilisation of democracy, the National Assembly condemned in March 19 1997 the theme, scenario and content of the television show presented on March 19 Un jour à la fois (One day at a time) on channel T.V.A.. The show was based on a political essay written by André Pratte entitled Le syndrome de Pinocchio which condemns lies in politics. What I am condemning is, in my opinion, much more serious since we are talking about legislations granting the right to lie to individuals while withholding information on his adoptee status and keeping his family and genetic background concealed. In the case of adoption, the legislator has, by way of inaction, made sure that 15% of the population in Quebec remains unaware of its genetic background or has a false or partial information on it.
The evolution of international legislatures seem to indicate that in a near future these kinds of abuse of mandates from the Legislator will be disproved by the international community. For is it not wrongdoing against humanity for the government to lie to its population and to jeopardize the health of some of its members?
On the medical perspective, I ponder as to what actions physicians or their representatives (le Collège des médecins-College of Physicians) undertake to be informed and inform the population about this issue. Is it not part of the duty of physicians to make sure the information concerning medical background is accurate, complete and up to date.
There is no contradiction between confidentiality in adoption records and access to information on medical background. British Columbia adopted a law which is based on other legislatures' experiences adopted a law ion adoption n 1996 that takes these restraints into consideration came up with a solution that, if not ideal, has the advantage of generally being accepted by all parties involved. I however believe the British Columbian Adoption Act could be taken a step further as it does not guarantee adoptees they will be informed of their status and thus prevents him from looking for his genetic background.
We could also argue about the costs thus generated to the health system and on the consequences of false or incomplete information on an individual's health but from the point of view of human rights, we are faced with a serious case of discrimination which must come to an end immediately.
In April 1997 I presented a memorandum to the Commission des institutions (Institutions Committee). The document herewith enclosed addresses the issue of health and confidentiality of adoption records in the perspective of freedom and human rights. It presents the situation and brings legal solutions as it recommends that adult adoptees be informed of their status and be granted the right to get copy of their adoption record while the birthparents would still be entitled to the right of veto.
We demand that the government and the Ministry of Health see to the adoption of our recommendations immediately. To delay their adoption would mean approval from the Government of discriminatory laws.
Sincerely,
André Desaulniers (E-mail: adoption@total.net)
(addess removed)
Additonal information is available on the following internet site: