Why does NY have sealed records?

Hi Sher, I saw your post regarding finding your birthsister the other day, and I want to say congratulations! I hope it has gone well with her. I also wanted to respond to your post about sealed records. Did you simply call the court, or did you actually file a petition? Some court employees are not sympathetic to adoptees. You may want to actually try to file a petition, if you did not, and see what happens. You can't lose anything by trying. Good luck to you. Christina

I think I'll try the petition. Thanks for your input. Yes it well so far with my sister. We're gonna meet next week to go over info. Sher

ADOPTIONS IN NY SURROGATE'S COURT * [url]http://www.nycourts.gov/courts/3jd/Surrogates/adopthom.htm[/url] In an adoption proceeding, the petitioner seeks to have the court give permanent legal rights and responsibilities to people, other than the child's birth parents. Adoptions are handled by the Surrogate's Court or Family Court in each County. The Court's jurisdiction depends on the circumstances. There are two types of adoptions: "Private Placement" and "Agency" adoptions, which may have slightly different procedures. Private placement adoptions are conducted when persons seek to adopt without the aid of a child care or adoption agency. Persons who wish to adopt a child under these circumstances must be pre-certified or approved to have temporary custody of the child while the court decides if they can adopt the child. Agency adoptions refer to cases where a child is already in the custody of an agency and the rights of the birth parents have already been terminated. These adoptions are handled through the foster care agency which investigates the home of the proposed adoptive parents and prepares and files the necessary papers and reports with the court. When an adoption is approved, the adoptive parents are considered the child's legal parents. If the child is over the age of 14, the child must consent to the adoption. In New York State, the adoption records are sealed when the adoption is approved by the court. The adoptive parents are given an adoption certificate, and a new birth certificate with the child's adoptive name is issued by the health department. Adopted children may petition the court to have the records unsealed for medical reasons or for good cause. Agency Adoptions Jurisdiction: ( Use links above for forms and checklists) 1. County where the adoptive parents reside; 2. The county where the agency has its principal place of business; 3. Parental Rights: -If a petition to terminate parental rights pending in a particular county, jurisdiction is that county. -If parental rights have been terminated, then it can take place in the County where the adoptive parents reside. 4. Judicial Surrender- if a Judicial Surrender is pending in a particular county, then the adoption must take place in that county. 5. If the adoptive parents dont reside in New York State, then the adoption can take place in whatever county the agency has its principal place of business. Private Adoptions Jurisdiction: (Use links above for forms and checklists.) 1. Adoption can take place in the county where the adoptive parents were certified; 2. Adoption can take place where the adoptive parents reside; 3. If the adoptive parents live out of state, then the adoption can take place in the County where the child resides. Opening Sealed Files: 1. Adoption files can be opened to obtain medical information. They cannot be opened to obtain identifying information, such as the name(s) of the birth parent(s). 2. To receive medical information, you may contact the Adoption Information Registry. For more information, go to web site: [url]www.health.state.ny.us/nysdoh/vr/forms/registry.htm.[/url] To contact the Adoption Information Registry in writing, the address is: Adoption Information Registry New York State Department of Health P.O. Box 2602 Albany, New York 12220-2602 3. Adopted people may petition the Court to have access to the sealed adoption records for the following reasons: to obtain medical information or for good cause other than to obtain medical information (i.e. to establish that the adopted person is a Native American Child, subject to the Indian Child Welfare Act of 1978). To petition the Court to gain access to the sealed adoption file on medical grounds, you must attach to the petition a medical certification from a physician licensed to practice medicine in the State of New York addressing a serious physical or mental illness. Such certification needs to identify the information required to address said illness. If such request to open a sealed file is granted, the Court will appoint a non-interested party (an attorney) to review the file. 4. If an adopted person never received their amended birth certificate, they can then petition the Court to have the record unsealed in order that the necessary information can be obtained and then submitted to Vital Records. Court personnel will review the file, not the petitioner. ..................................................... Adoptions in NY Family Court * (similar link as above but not as detailed) [url]http://www.nycourts.gov/courts/3jd/Family/Adoption/adoption.htm[/url]

This thread has been really informative... Just wondering - it states that "good cause" for opening sealed records in NYS could be to find out if the adoptee is a Native American... (in regards to the Indian Child Welfare Act of 1978)what if my "good cause" was to find out if I was a minority or not? I do not currently know my ethnicity...but I am dark skinned (possibly of Mediterranean descent) and my a-parent's and I have always, always wondered if I am Hispanic. If so - I could have qualified for a LOT of financial aid and perhaps some grants, etc. to help me through college. Does anyone think this would fly with the courts? Has anyone else come up with acceptable "good causes?" :confused:

I am also sealed out and have enjoyed this post. I think its very unfair that I cant find info my friends flaunt freely. ie.. My uncle is just like me bla bla bla . these people in control "THEM" as I like to call "them" have no right to decide about information that is a simple birthright. Very informative postings. My DOB 1-3-70 according to my amended birth cert. Luck to all searching Ann

Same here, dark. Although birth cert says white, hehe. did it work?

Hi, Basically I just wanted to commiserate with you all. A judge in another state signed my petition and required a letter from me stating why I wanted my records. I think it was a formality more than anything, because I just stated that I was at an age when medical history is beginning to matter (49), and that I was also naturally curious about my heritage. I would urge anyone to at least try the petition route - you have nothing to lose except possibly your sanity and temper, and everything to gain. The legal lingo in the post from ksb51 is intimidating and sounds, on the surface, pretty hopeless. But it may simply be the state covering their butt or giving them a legal out in case, for example, some known serial killer in prison wanted his records and they were protecting the birth family. (although, I'm not sure that's justice, either, but I can understand the reasoning) I wish someone in power would take a look at the laws and seriously consider establishing a national standard, rather than letting individual states decide these issues. The worker I spoke with about a petition said I was lucky that I was born in the jurisdiction covered by a certain judge, that the other judge never signs a petition for records to be opened. So I'm wondering if it's decided judge by judge everywhere or just in that state. At any rate, it's an outrage for any one person to have the power to make those decisions. Obviously, in that case, the judge has some sort of bias - at least that's what it sounds like. So if I'd been born in the next county over, or wherever, yet in the same state, I'd be out of luck. That's not right. Crossing fingers and toes for all of you. heartbeat

I am also an adoptee from NY looking for my birth parents. I got so fed up with NY that I hired someone to search for me. I started to fill out the paperwork to petition the court, in Monroe County, and one of the requirements (for medical reasons) is that a licensed doctor in NY must provide a statement as to why the information should be released. I live in Florida now, and it would cost me more to go to NY, see a doctor, file the petition, and all that garbage than it will to hire someone to search and give me all the information I want.

I live in FL too now. I have an eye disease called Retinitis Pigmentosa. If I could contact my biological parents, perhaps I'd know how long I have left to see. But NY State blocks all information and I am left wondering because of their laws. I have seen many doctors down here and am on SSD. This disease is genetic. Why can't I get some information?

I have to say I too know how everyone feels here. I have been fighting the courts since I was 16 yrs old (now 32) to get them to open my medical records and that is all. My lawyer (who is a complete idiot, looking for a new one) has taken my case to the courts more times than I can count. Here is my observance on getting records opened in NY. You better be on your death bed dying because sorry to say that is the only way you're getting them. Even then you will be lucky if you can get them. Case in point, I was in my mid 20's pregant and litterally dying (I was losing weight and unable to eat, I finally ended up at nearly 85 lbs before losing it) and even then I couldn't get my records open. My solition, I know a family court judge in NY, I am going to probably just send him a letter requesting my records to be opened. Hopefully I will have more luck with him than my useless idiot for a lawyer, but I guess that is what I should expect when he has been my court appointed lawyer since I was a kid. (I guess I am lucky he is still helping me and working with me at all since I don't have to pay him, NY does even though I don't live there anymore). :wings: :wings: :wings: :wings: :wings: