Successful Petition to Break Seal - CA

Some I'm wondering over this weekend, after my call to Unified Family Court, why they'd sent my signed petition back to me (btw - correction, Honorable Judge Donna J. Hitchens). I'd speculated that I'd need to reaccomplish my petition, as I'd noted a difference in the petitions available online at San Francisco Unified Family Court, and California Department of Social Services. Example petitions: San Francisco Unified Family Court's [URL="http://www.sfgov.org/site/uploadedfiles/courts/Forms_Fees_Rules/Local_Court_Forms/ApplicationAndOrderREReleaseOfAdoptionRecords.pdf"]http://www.sfgov.org/site/uploadedfiles/courts/Forms_Fees_Rules/Local_Court_Forms/ApplicationAndOrderREReleaseOfAdoptionRecords.pdf[/URL] California Department of Social Services's [url]http://www.ci.berkeley.ca.us/uploadedFiles/Health_Human_Services/Level_3_-_Vital_Statistics/Adoption%20Jan2008.pdf[/url] (Couln't find a copy of CDSS's on the CDSS website) Anyway, I'm reading through CDSS's The Adoption Process publication, and I note what California Office of Vital Records states as constituting a certified copy of a court order. Then I go back to looking over what Unified Family Court sent me, and it registers that I have a court order in my hands. I suppose it helps when you pay attorneys to do this sort of thing, but again, it's not worth the $500 quoted, when given a bit of time, I can come up with the same answer. I now have an envelope ready to send off to the CA Office of Vital Records, with the thought of, well, here goes. Should Vital Records deny my request, I am **** sure curious on what grounds it'll be. I still need to follow up with the Unified Family Court Clerk on my Order of Adoption, or Adoption Decree. I did not have a chance to call them on Monday.

Over the course of the last two weeks, I've been having a dialog with one of the Unified Family Court clerks. Apparently, there's two clerks who work any post adotion issues in Unified Family Court, one male, and one female. Presently, I chose to refrain from mentioning them by name, and it is easy enough to refer to them by gender. I have recently been communicating with the female court clerk. As it turns out, the male clerk handled my court order granting my adoption decree, and/or order of adoption. He'd unfortunately gone on vacation much of the time I had attempted to follow up on why I'd not received anything from the court, which resulted in my speaking with the female clerk. Cutting through some of the relaying of information, the male clerk had supposedly sent my order of adoption/adoption decree prior to his going on vacation. However, I never received it, hence calling the courts. In speaking with the female clerk, she had made the decision to re-order my adoption file from the warehouse, as she refered to it. The court maintains a log of such requests, and she noted that my adoption file had prevously been requested. I received a most curious voicemail today from the female clerk. She looked through my adoption file, and mentioned that it appeared according to the file that the adoption was never finalized: Those interested in some of what is contained in one's adoption file may want to take note, she mentioned after looking through the file it contained: -report established by social services & request (for adoption) -order giving up biological parents rights This leaves me with a rather odd situation. Applying Occam's razor, I would expect to find my adoption decree, presently missing from my adoption file, sitting on the male court clerk's desk or office. As he had at one point claimed to have sent the decree to me, and the log indicates my adoption file had previously been requested. But it also begs a much more profound question: How did my adoption decree not make it back into the adoption file when sent back to the warehouse for the female clerk to then have requested? As an alternate, let's say the male clerk never sent my adoption decree, as one "wasn't produced". This possibility leads to some very serious legal questions, such as how was my birth certificate sealed when the adoption wasn't finalized, and how was an amended one created in its place? What of the legal relation then to any/all of my parents, birth or adoptive? Of all the outcomes I'd expected/projected about petitioning the court, I really must say that this one is far more bizarre than what I could have come up with. I now have a male court clerk claiming to have sent my adoption decree; a record the female court clerk claims is not presently in my adoption file. Though I'm not happy with the present outcome, I know this is by no means the end of this journey. I'm still brainstorming on what my course of action shall be. Filing a Motion to Show Cause against the male clerk specifically, and the Unified Family Court Clerk Office comes to mind, as well as possible Contempt of Court charges. Much as I shall always be a bastard, I do prefer to handle such situations as a gentleman. I plan to phone the female clerk again, just to clarify the situation, and ask her if she's aware the implications of the adoption never being finalized. I also need to speak with the male clerk, now that he's back from vacation, to inquire whether he located my adoption decree when he'd accessed my file, and if he had, to politely ask him to double check that a copy made it out to me, as well as back to the warehouse. The strangeness factor is going off the scale on this one...

HHMMM....A strangeness factor in petition the court for your original birth certificate. Imagine that. The CA court system for adult adoptees attempting to petition for OUR original birth certificates is nothing short of PATHETIC. I'm so very sorry. I feel your frustration - literally. I hope you get to the bottom of this. These are people paid by tax dollars who don't know, or are not willing, to perform their duties. There is no excuse. Good luck. Please keep us updated.

At latest report, I'd been in touch with the clerk, who'd looked through my adoption file, only to discover my adoption decree was not included. I spoke with my a-parents, on the off chance my adoption had not been finalized, and (re)discovered my adoption and my half-sister's had been handled at the same time. (Both my younger sister and I share our birth mother, and were adopted into the same family) This raised the possibility that perhaps both of us were listed on only one adoption decree, yet somehow, only her adoption file retained a copy of the decree. I expressed this situation to the court clerk, and she's looking into it. I really must give kudos to this court clerk. Though she hasn't as yet located my adoption decree, as now directed by court order, she's kept me in the loop, and been very receptive of my situation. ... On the other aspect of my petition, my original birth certificate, I sent my court order off to California State Vital Records, with another request form. I'm anxious as to the reply. From previous experiences, I'm conditioned to expect some excuse or further requirement back, but we'll see.

I phoned United Family Court again today. Same status, the court is unable to locate information that my adoption had been finalized. I did request a letter to that effect from the Court Clerk's office. I may need it for further legal action. I probed a bit, and discovered there's a short listing maintained as well as an adoption file. The adoption file pertained to the adoptee and the court maintains it. I don't have a name for it, but there's a listing of adoptions which have been completed as well. It's only the name, and date of adoption, and some other information, (which I should have taken note of) which was then microfiched. Apparently, I don't show up on that listing either. In the meanwhile, I composed two letters this weekend, one for the California Department of Social Services (CDSS) and one for San Francisco City and County Human Services Agency (SF HSA). Both ask the same question to each agency, namely, what's date was my adoption finalized, if indeed it had been, and how do I now obtain documentation? I may re-introduce the above situation as a different forum topic, as it no longer falls under successfully petitioning the court. On the other court ordered document, my Original Birth Certificate, it may be a while until I have an update to post. When I'd requested my amended birth certificate, the wait was about 4-6 weeks. I'm very anxious to hear what the reply is, though I'm not holding my breath.

If you were "never adopted" it should be no sweat to get your OBC right?? (wink wink)

The situation is strange indeed. As mentioned, the courts have no documentation that the adoption had been finalized. However, somehow my OBC has been sealed. I requested it in from the CA Vital Records, fall of last year, to receive in essence a black paper with a raised CA seal/stamp, and a note indicated the birth record had been sealed, and the reasons for it also sealed. I have a second CABI listing that I'd requested as well, that one generated a "no record found". Probably a result of my illegitimate status, a birth record was annoted under my father's name, but no certificate generated. Like I said, I'm probably going to start a different thread on this. Late discovery un-adopted maybe?

I would approach it being fully adamant that an adoption hadn't taken place, and the OBC Sealing was a mistake and they need to provide proof of the adoption, or unseal the OBC. I mean my goodness what a horrid mistake to make!At very worst I'd go to the media at this point.

The strangeness continues...but sometimes it's delightful too. I just received a phone call, from the agency that handled my adoption, and now know that my adoption had indeed been finalized. 30 years ago today as a matter of fact. Curious the timing of the experience; writing Human Service Agency, after Unified Family Court couldn't locate documentation of my adoption having been finalized, leading up to HSA calling. So, finally some upsides to this experience. The phone call, which provided the exact date of my adoption having been finalized, and on an anniversary at that, as well as confirming that it had been finalized. Really don't think I'd have been prepared for the legal tangle of a situation had it not been finalized. Additionally, HSA's social worker informed me she'd pull the file HSA maintained on me, to see if she can provide me a copy of my Order of Adoption. One of the two documents sought may be shortly enroute now. Still no word from CA Vital Records, on my OBC request, and I expect a letter on that one.

Thank you. Would you be willing to share the letter you used to petition? If yes, Please email me at joannehoerr@yahoo.com

missing....what a horror show. I cant help but believe this is the amount of concern for adoptees that various courts and systems use. We dont occupy a very high level.Having been dealt with once by various courts and agencies, those same departments seem to be reluctant to again go back and review what was done originally. It's sad and it would be great if the media showed any interest in bringing all this out.I wish you the best.

Do you know where to mail the form to for a San Bernardino County birth?

So, in the interim, somewhere between getting myself banned here (won't go into details), and an all expense paid trip to Iraq; I now have a copy of my Original Birth Certificate from the State of California. California took nearly a year to process my request, with Court Order to break the seal on my OBC.

AWESOME!!!So, what's next?

Hello I know this post is really old and am not sure if I will get a response but I am trying to unseal my records in San Joaquin county I am 25 and had a closed adopted as a baby In French camp ,California(San Joaquin County). I am trying to find my biological parents I know the hospital I was born but on my birth certificate it shows my adoptive parents on the certificate. My adopted parents passed away and none of my adoptive family knows anything. I recently sent a letter requesting my non identifying information and called them and they said they received it and it could take up to the most 3 months to get that information back but usually doesn't take that long. l also just ordered 23Me kit and Ancestry kit to see if I match with any relatives. And last thing I did was called the courthouse and they told me forms I can print out to petition the court to unseal my birth certificate and I filled out all that paperwork and going to mail it off tommorow and I'm the petition I stated I wanted it for medical reasons and I also include a form from my doctor that I will be mailing along with it so l'm not sure how that will go. And once I get my 23nme and ancestry result I will be signup for a free search angel and will be signing up for adoption registry. Is there any other advice or steps I should take ? Or is this a good start. Thank you all for the advice.