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Hello. Does anyone know the policy for opening adoption records and other laws for the state of New York? Please let me know any information you may have. Thank you! :) Jen
PrInCeSsInNY23
Hello. Does anyone know the policy for opening adoption records and other laws for the state of New York? Please let me know any information you may have. Thank you! :) Jen
The laws affecting adoption in New York State appear to be listed under Domestic Relations (Chapter 14), Article 7. Link here [url=http://public.leginfo.state.ny.us/menugetf.cgi?COMMONQUERY=LAWS]Laws of New York[/url]
Specifically look under Article 7, Title 2, 114. It appears that "good cause for disclosure" may be established on medical grounds.
Disclaimer - I am not a lawyer and can not provide legal advice in this matter.
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hi : )
I was also searching for infor since i was adopted in NYC, from the Family Court... but my search has been on hold for personal reasons.
However, if you know the county or city court in which you adoption was finalized, you can directly petition that court, but they are not really bound to release everything, as all records in NY are sealed. i know, frustrating, right?
However (again!) you can call the Family/Adoption/Probate Court in that city where you were adopted and talk to someone who can probably help you. I was in touch with a woman from the New York City Courts, since I know that my adoption was finalized in that court. All i have to do now, to see if she can get some information for me is fax some info to her directly. Hopefully there is someone as nice as her that you can get in contact with. If you need me to find her name/e-mail, I can.. i am just pressed for time right now. Sorry!!
Good luck!!!
This may be a stupid question, but I'm very new to this (about 3 hours in...) If you were born in New York, but your adoptive parents were from Pennsylvania, where would the adoption be finalized? I have almost no information at this point...
Yes, I have recent experience. I was unsuccessful. NY law is extremely rigid in this regard. Essentially you might be successful if a physician testifies that it is a medical emergency. I had an attorney petition the court. It was over a year since they could find my records (1954) and then 3 months to get what looked like a law clerk's standard letter of NO. I would have been better off send my money to one of the organizations in NY trying to get the law changed. Sorry to give you a dismal picture. Make sure you are on the adoption registry and pray for something.
As I'm reading this thread I'm getting angrier. When I relinquished in 1979, I asked for the file to be sealed on my side but open on the adoptive side. I wanted my son's aparents to feel secure that I wouldn't someday try to find him (I didn't; he found me) but I wanted my son to be able to find me if he ever felt the need. I asked for this arrangement and was promised it. I feel completely betrayed that my own attorney didn't tell me this was impossible in the state of NY. My son spent many frustrating and painful years searching, while I thought he didn't want to find me because I didn't know he COULDN'T. When I was found, the third party who located me said he'd been wanting to find me for such a long time, but the record had been sealed on his side. At the time (2 1/2 years ago) I thought this must have been an administrative mistake. I had no idea it was the law. I thought I was well-represented at the time. I was so very ignorant and foolish to trust. It feels like just one more failure on my part; I didn't raise my son and I didn't protect his rights in his adoption.
The relinquishment/adoption process is so full of lies....
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PrInCeSsInNY23
Hello. Does anyone know the policy for opening adoption records and other laws for the state of New York? Please let me know any information you may have. Thank you! :) Jen
Dear Jen--New York is tough. I believe you have to have a medical emergency, and even then it is only generic information that is given. I am searching for a son that was given up for adoption through the Suffolk County Dept. of Social Services, and they claim the records are sealed forever. This baby was given up 40 years ago. Let me know if you have any luck. Pat
You can contact Robert Hafetz. He is a member of the PA Find group. He has been very vocal in the state of NY and NJ in terms of open record support. Best of luck.
Princess...its easy to understand your frustration.
All courts are different in what they will allow to unseal records. Some courts are very strict, others will take under advisement a serious illness. Some, even in the face of terminal disease will not unseal the records.
Some states have a form that is required, others require that the petitioner write directly to the judge.
The best place to get information in terms of court petitioning requirements, is the clerk of the court where the adoption was finalized. They will have the court records.
Many questions can be answered by the clerk, or some administrative assistant of the court.
Generally, in some form prior to a court appearance, most courts will require that you indicate what action you want the court to take.
A second part, are the reasons or evidence you have to support your request for unsealing the records.
You do not need an attorney to gain information from the clerk of the court.
If you feel that you do want to go to court to petition the unsealing of the records, I would suggest you take an attorney.
Many attorneys offer a 1st consultation without charge to see if there is enough information to go to court. This may help to save the expense of going to court.
I wish you he best.
I have very little non-identifying info but I have original adoption papers with birth name. I am petitioning the court now with a medical letter from my Dr. I too am the youngest of 4 siblings.
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Steven, the short cut to where U were adopted is to get the info from a family member. U will need to know where the final adoption took place in order to get any court information.
The adoption records will be kept in the county where the final adoption took place.
If you contact that clerk of the court they can tell you what procedures you will need to follow to get non-identifying info.
Some states allow you to write directly to the judge others require you to fill out a standard court form they will either send or you can download.
You will have to tell the court what it is you want -- the court will not 2nd guess.
Some courts accept medical conditions as a grounds for unsealing records. Other courts are very strict in their interpretation of the law and even in the face of terminal disease will not allow that to become a part of the criteria to unseal the records. It all depends on the judge.
I wish you the very best.
PaulaMorgan
I am a Birthmom looking for my daughter...
Paula
Paula...I was born in New York. 1973 in Albany.
Paula - I was born at Brady Maternity Hospital in Albany. I was born on feb 3 . My adoptive mom thought that she saw some documents with the name Paula. This was posted years ago but I just started my search . Thanks for your time!!! Yvonne Brennan
Rumor, for those of us trying to help you please put in the details.
State, date, sex, where the final adoption took place, etc.
If you know where the final adoption took place, the clerk of that court can provide the administrative assistance to help. They will not provide legal advice.
I wish you the best.
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Paula - I can only find the info that you are a birthmom from NY ? Albany??? 2-3-65 --- female
My adoption took place in Albany New York . I was born on 2-3-65 at Brady Maternity Hospital. Female. I know that my final adoption papers are in Albany at the registry . They found them recently in the archives because Somebody thought they were my sister. The records I told had unmatching names - But the girl kept insisting that her mother had used alias with her. I would be so happy if you could help me !!!!! Thank-you Yvonne Brennan