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Hello, All--
I haven't been on the forums for a long time. I've been busy...
Just about a year after first contact with my son, he moved in with my husband (not his bio-father) and me. (He rents an "in-law apartment" at the back of our house.) Wow, has this ever been an adventure! The challenges have been almost overwhelming at times, the joys have been phenomenal, most of it has been unpredictable and we're learning so much about each other and about what it means to be a family, and how that definition can be so DIFFERENT from family to family. But that's the stuff of another discussion thread, or two, or ten... This one is about the original birth certificate and having the adoption record unsealed.
To cut to the chase--my son and I both want to obtain his original birth certificate. I was not given a copy at his birth or relinquishment--3 days later--and didn't even know I had a right to it, let alone that I SHOULD have gotten a copy to have for my own records, for the future, etc. I tried to get the BC from Vital Statics in New Haven, CT where he was born. After being routed through the CT system, I was told the only way to obtain the BC was if I re-adopt him or if the adoption file in NY (where his aparents resided and where the adoption was finalized) is unsealed. I know that re-adoption is an option, but it somehow seems wrong that I should have to adopt my own son. I may feel differently later, but for various reasons it feels like re-adoption talk is premature at this point.
(Lest any aparents who may be lurking are offended by this post, please--that is not my intention. I am not trying to replace my son's aparents. What's done is done; I know I can't go back, as much as I wish I could, especially given what I now know about his history of physical and emotional abuse. The alienation process between my son and his afamily was well underway long before I was found--I did not search for him--and I pray he finds a way to heal that long, deep hurt someday...)
After being tossed around on the phone through the NY family court and surrogate court system, I finally made contact with the adoption office in Suffolk County. From all the information I was given today, it seems that chances are very slim that any judge will agree to unseal the record. And I was also told that even if I re-adopted my son, I would not be given access to his original BC, but a new BC would be issued. (This would be my son's FOURTH BC since his first amother died when he was a toddler and his afather remarried and his second wife adopted my son.) Right now it seems like a fourth BC is kind of redundant and approaching the ridiculous. Again, not saying I'll never go there, but it doesn't feel like time yet...
The whole thing seems so crazy to me on so many levels...
If I was entitled to his original BC at birth, why am I not allowed to have it now? I didn't UNBIRTH him!
If we've been in reunion for two years, and he has lived with me for the past year, and I have spoken on the phone and emailed with his afather, who is the adoption record being kept sealed from?
I was told that the record can only be unsealed for medical reasons, or another "just cause." If trying to heal and re-establish a family isn't "just cause" for opening the record, what could possibly constitute a "just cause" in family court?
The supervisor at the adoption office told me not to get my hopes up, but she did give me a lot of advice, including getting an attorney well-versed in NY adoption law, and researching the case law on the subject. She fully expects my petition to be denied and so gave me info about the appeal process and said case law might come in handy. She also advised that there may be legislation pending that addresses the unsealing of records, but she was unaware of the status at this point in time.
My question: Is there anyone out there who has been successful in having an adoption record unsealed--and subsequently given access to the entire file--in NY state? I'll be researching the case law and most likely be getting an attorney but am also hoping that there is someone who has been through this process, especially in this particular state. And does anyone know if there is pending legislation in NY state? There's also a logistical challenge for me--I live in New Hampshire and so I'm expecting to have to do a lot of the footwork long distance and wonder how this will complicate/hinder my efforts.
So--all of you smart, savvy first mothers out there--I will be most grateful for any advice/information/guidance/support you can offer. I know there is a wealth of experience and wisdom in this community. I welcome anything you care to share.
Many, many thanks!!!
Susanne
I'm bumping this up so others can see. I have no advice or help to offer. The only paperwork I have ever had was the hospital bills!
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