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First I will give you a little background of my situation. I am 23 and doing some research on my family.
My great grandmother gave up a child for adoption in 1918 because she was unmarried. I have found the child's amended birth record, the home where she was born, gotten copies of the adoption records ( in the state of IN if the birth took place before 1941 then the adoption is a matter of open record) and have been in contact with the child's daughters. I was able to look up the amended birth record because my great grandmother's name was never whited out in the index.
My question is if the biological mother's name in the index was never whited out and the adoption is supposed to be a matter of open record, then should the birth record with the birth parents names on it really be sealed? Has anyone ever been through anything similar before? Or had sucess at opening a birth record? All of those involved (birth mother, adopted child, adopted parents, and i'm assuming the birth father, even the adopted child's siblings) have passed away long ago. My mom and I and the adopted child's two daughters are the only family memebers left.
Both I and the child's daughter have tried talking to our local health department where birth record copies can be obtained, but the lady was very rude, unhelpful and pretty much refused to talk to us. All she would tell us is those records are sealed. I have also been in contact with the granddaughter of the woman who ran the maternity home where the child was born and she has told me that as far as she knows there were never any records kept and if there were they have been destroyed long ago.
The child's daughter's would like to know who their biological grandfather was, but are hesitant to get lawyers involved. Can anyone give me any insite or advice?
Digger...I read your note and will share some thoughts for your evaluation.
In the era about which you are concerned, there was only an interest in concealment of the event to end the stigma of wedlock etc. In spite of that, it sounds as though many of the "right" things were done to care take for those involved.
Your note indicates there was an adoption. If possible there may be a way for you to get the information you are seeking from those court records.
Open records, that are now sealed, are difficult because you don't know the extent to which the records are sealed. Some information in sealed records can be obtained.
You already have a large amount of personal information. It may be that the clerk of the court where the adoption was finalized, would be willing to help. A great deal will depend on the type of information you need. You don't need an attorney to talk with the clerk of the court.
As a side note: References to adoption frequently cause uncomfortable feelings in many people. Often they hide those feelings through rudeness, attempts at intimidation, etc. The rude lady has a boss. A request that you chat with her boss may bring about some surprising avenues of help. It may also get the information you want. Under no circumstances should there be attempts to intimidate.
I wish you the best.
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Thank you for your advice. I called the county clerk's office yesterday and she said to talk to the Judicial Assistant (who I am waiting for a call back from) and I also called the vital records department back and they told me records that old should be open, they don't have them but to called the State Health department in Indinapolis for the originals, which I have and left a message.
It all seems to easy because the child's daughter had already called the State Health Department and at first the lady told her "Oh well I think we can help you let me call someone else to check and I will call you right back"...When she did call back she said "No i'm sorry I cannot give you that information it's sealed." It makes us feel like they are just giving us the run around because someone somewhere along the line doesnt want to do their job. Hopefully this time will produce better results.
Thanks!
Digger...glad to hear it is working out...thanx for the update...didnt mean to be so direct. I was sold into a black market adoption. As a result, it is easy to understand the prejudices that some people in authority have in regards to adoption. It is nonetheless not an excuse for attempts at intimidation.
I wish you the very best.
I'm sry to hear that thats really tough. Right now it seems like they are all just running me in big fat circles. First they tell me to call one person who tells me to call another and then back to the first person i talked to again. But the answer's are out there and i'm not defeated yet. Best of luck to you in everything that you are searching for!!
Digger...I wish I had more help to offer...what you are describing is very common in states where records are sealed. Those supposedly close to the information are unwilling to become involved. They are unsure of the amount of information that can be released and as a result play the hide and seek game. Under some judges, interpretation of the law can be very strict, others, less restrictive.
I would suggest, for your evaluation, that you talk to someone in your area who knows, or has had some experience with an attorney familiar with adoption.
It is understood that you are not interested in legal intervention now. Having said that, it may be possible for you to have ONLY a consult with an attorney. Many attorneys provide a free consult with the hope that the case may go further.
As a result, it may be possible to gain some legal guidance.
Many states publish adoption laws and spell out what types of information can be obtained. Armed with that information, you may be able to overcome some hurdles.
I wish you the best.
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