sample petition to unseal adoption record

SearchGuru, I agree with you. Many courts require that petitions and other court requests be filed on forms from the state in which they are to be used. It is simple to contact a clerk of any court within the state and get information in terms of which court addresses adoptions and what forms are required to petition the court. Adoption records will be held in the county in which the adoption was finalized. As a reminder to those attempting to unseal records there are 2 important elements that must be a part of the petition. The court must be told what you are asking for it to do. Secondly, reasons for unsealing the records are an important part of the petition. As a rule, courts review the reasons for unsealing the records and rule on whether or not those reasons satisfy the requirements of "good cause." Many courts do not consider evidence of a terminal disease as grounds for unsealing records. I wish you the best.

Hi i was born in texas but my adoption was finalized in fort myers florida, i have conact with my birth family and i had my named changed to what my birth family wanted me to be named i want my adoption records unsealed and my adoptive parents are both deceased there is no point to my records being sealed any longer what do i do?? christina Renee Byers Aiyita@hotmail.com

I know I am super late, but when I was in the midst of trying to search for a sample letter, it was really hard to find one. So after piecing together several, I wanted to share my final letter so it can possibly help someone later down the road. AND I am happy to announce they unsealed my grandma's records for her!!! :) My name is ________, (SSN _______), an adult adoptee. I am currently residing at __________________. I was born ________ on April 3rd 1938. When I was officially adopted on November 2, 1943, my name was legally changed to ________. Prior to my adoption, I was a foster child within the home of my soon to be adoptive parents, ______________. The knowledge I have of my biological parents is my mothers name was _______. She was born on September 20th 1902 in Massachusetts. I know nothing about my biological father. I have no knowledge of how long I resided with them within the ten months prior to being placed with my soon to be adoptive parents or if I was immediately placed into foster care. My official adoption occurred in the state of Minnesota, county of Hennepin, and district court fourth judicial district (please see attached). I am currently in my seventies and both biological parents are presumed deceased. I now ask the court to allow me to gain access to my records, giving me access to identifying information such as a birth certificate. The main good cause for this information is to assist me in finding out as much as possible about my genetic components. Schizophrenia, obsessive compulsive and anxiety disorder, and other diseases run in our family line. I feel as though itҒs my responsibility to obtain all medical and genetic information that can bring light to our blood line. Without the information in my adoption file about who my biological family was, I will be unable to locate such information. It is in the best interest of our family to know what health diseases such as heart disease, cancer, and such run in our family as well. Especially because if given this information of if we are predisposed to certain diseases, we can start taking specific preemptive steps. Another good cause for me being able to access my files is natural curiosity in my roots and heritage. This information is pertinent to identity formation for both my entire family and me. As an adult, I feel I have a right to any and all information about my relinquishment and adoption. To know ones life story and blood line is a basic human right and should be denied to no one. As stated by Judge Wade S. Weatherford, Jr., Seventh Judicial Circuit Court, SC, "Mankind is possessed of no greater urge than to try to understand the age-old question: ҒWho am I? ҒWhy am I?... Those emotions and anxieties that generate our thirst to know the past are not superficial and whimsical. They are real and they are Ғgood cause under the law of man and God." ғAnother good cause is that, to my knowledge, no affidavit has been filed by either of my biological parents requesting that such information specifically not be disclosed to me. Because I am an adult, the burden should shift to my biological parents or the state showing specifically why they do not want identifying information disclosed (See Mills v. Atlantic City Dept. of Vital Statistics, 148 N.J. Super.302, 318, 372 A.2d 646, 654 (1977).). STEVEN J. DRAHOZAL, Petition to Unseal, 2000. Keeping records is a relatively new concept. Disclosure, not secrecy, has been the historical norm when it comes to adoption. ӓAnother good cause for opening my record also exists in that denying me, an adoptee, and access to my original birth certificate when non-adopted persons have full access to their own original birth certificates abridges my right to equal protection. U.S. CONST.amend. XIV, 1,Brown v. Board of Education, 347 U.S. 483, 74 S.Ct. 686 (1954),Buckley v. Valeo, 424 U.S. 1, 96 S.Ct. 612 (1976),IOWA CONST.art. I, ǧ 6,State v.Ceaser, 585 N.W.2d 192 (Iowa 1998). STEVEN J. DRAHOZAL, Petition to Unseal, 2000. ԓAnother good cause is that courts in other jurisdictions have consistently held that biological parents do no not have a constitutional right not to have identifying information disclosed. Does 1, 2, 3, 4, 5, 6 and 7 v. State, 164 Or. App. 543 (1999), Doe v.Sundquist, 106 F.3d 702, 704 (6th Cir. 1997),cert. denied, 522 U.S.810, 118 S. Ct. 51 (1997). Also the state does not have a right to withhold the information from me as well. Because there is no compelling state interest in keeping information from me, failure to open is unconstitutional. STEVEN J. DRAHOZAL, Petition to Unseal, 2000. ӓAnother good cause for opening the record exists in that denying me access to the record of my adoption abridges my right to free speech guaranteed by U.S. CONST.amend. I,IOWA CONST.art. I7, specifically the right to Ǔreceive, the right to readand freedom of inquiry.ŔGriswold v. Connecticut, 381 U.S. 479, 482, 85 S.Ct. 1678, 1689 (1965). Also implicit in freedom of speech is the right to form the selfӔ and choose what information one wishes to be exposed to for ones self. See Steven J. Heyman, Righting the Balance: An Inquiry Into the Foundations and Limits of Freedom of Expression, 78B.U. L. REV.1275, 1238(1998).Ҕ STEVEN J. DRAHOZAL, Petition to Unseal, 2000. Another good cause is that I have an extreme psychological curiosity about my biological family. Application of Anonymous, 399 N.Y.S.2d 857, 859 (1977, In re C.A.B., 384 A.2d 679 (D.C. 1978). This psychological curiosity coupled with the frustration of being unable to obtain identifying information has resulted in difficulty sleeping and concentrating. Opening the record would alleviate this.Ӕ STEVEN J. DRAHOZAL, Petition to Unseal, 2000. There are ten months in my life, from the time of birth to when I was placed in my adoptive parents home, that I have no knowledge of. I have no records or anything to reference about anything from that period of my life. That lack of accountability during that time period has plagued me my entire life. My birth parents would now be in their hundredҒs. So it is assumed they are both deceased. Therefore I would like access to my files not to contact them, but to simply know who my family was and what my lineage is. I have four children, eight grandchildren, and twelve great grand children all whose family line stops at me on my side. I believe I must know this information not only because it is my constitutional and fundamental right to know, but because my family and my health is depending on it and my extreme yearning to know has never ceased, not once in 73 years. Wherefore, I, _______, respectfully request that the Court allow access to any and all records pertaining to my adoption and birth.

i am in search for california and it would be ventura county , ventura california- courts= could you possibly provide a sample petition for this court? thanks for your help

i am in search for california and it would be ventura county , ventura california- courts= could you possibly provide a sample petition for this court? thanks for your help

i am in search for california and it would be ventura county , ventura california- courts= could you possibly provide a sample petition for this court? thanks for your help

My exhusband adopted my son 12 years ago and after we divorced the adoption papers were lost by his now previous girlfriend . We are needing to get my sons ss card changed so that he can get his drivers license . The only thing is I keep being told I need a lawyer to file a motion to unsealed the records . Could some one please help me with the format of the motion . The county and state are San Jacinto county Texas

I am looking for info on petitioning the courts in Tulsa, Oklahoma. My adoption was finalized in Tulsa county in 1965. Thank you!

Petitioning the court for any reason requires that you follow the procedure of that court.Contact the clerk of the court where the adoption was finalized to get the requirements for gaining the information you seek.The clerk of the court will provide administrative information on how you can get your information by either sending the required forms, or allowing you to write directly to the judge.Each state is different but all states require that you follow their procedure.The administrative information provided by the clerk of the court is free, however the clerk will not provide legal advice.I wish you the best.

Thank you very much! :)

I am trying to get my adoption records in Georiga. I was told about my adoption on my 12th birthday and i have been trying to find my birth parents every since. After all the lies that my adpoted parents have told me i have no clue what county to start in. Now that i work in Public Safety and married to a police officer i have learned that we can petition the state to get a copy. not having them is hendering me in getting a job as a police officer in a large county in Gerogia, as well as doctors finding cervical cancer last month. not only needing them for a job, i nee them for medical reasons for me and my daughter. if anyone has any idea where i can find a sample copy i would be greatful.

Ivie, I'm unsure what the system is for getting adoption non-id in Georgia. Every state is different. Some states use the intermediary system and it is left to that agency to supply the info.In cases where the state doesn't use the intermediary system it may be possible to go directly to the state to get the info you need. In which case information is taken directly from the court records.I was not born in Ga so I am unsure as to their procedure. Im only guessing that the adoption records where the adoption was finalized will also be held by the state in that location. You can call the Ga adoption group and get info from them. They will know what the procedures are in Ga.If you know where your adoption was finalized, the court records will probably be in the Orphans Court in that county.It might be helpful if your husband knows any attorneys to get them to share with you how the Ga system works. You don't need an attorney to get non-id info.I wish you the best.

Attempts to gain adoption information have to be what the court determines as valid.The state legislature determines the sealing of records, the judge only upholds the law, altho, in most cases the judge has some discretionary powers.Having said that, for those interested in unsealing adoption records it is not easy.Many courts do not recognize terminal disease as grounds to unseal records.Additionally, the request to unseal records requires a responsibility to present to the court evidence as to why the records should be unsealed.A desire to know who your b-parents are, their religion, or occupation, or other personal information, is not considered "good cause" for unsealing the records."Good Cause" in law, is the presentation to the court that the petitioners evidence is more compelling than the reasons for which the records were sealed.If the judge finds that the evidence presented meets the "good cause" criteria, he will so note in the records that "good Cause" was shown. And he may make available the information you are seeking.I wish you the best.

Were you able to get the information that you were looking for about letting the court know that it was OK to try to the find the birth family? Sorry this is so long after you wrote your message - hope your journey has been successful

where is the sample form??