Has anyone succeeded at opening a closed adoption in NYS?

Heather B

I'm not sure of the numbers who have petitioned sucessful and proved "good cause". Because "good cause" is not defined it is up to the Judge's personal opinions and beliefs as to whether the petition to open the records will be sucessful or not.

I petitioned and was denied. Even after finding my mother and having both my mother and my adoptive parents correspond with the Judge, he still refused to open them citing "confidentiality" - who's confidentiality?!!!! all parties of the adoption were consenting! It's all BS.

Luckily we all have a good relationship and the missing pieces have been put back in place and questions answered. Others aren't as lucky as me. I've seen NY adoptees die because they need something like a bone marrow transplant or urgent medical information and even that has not been deemed "good cause" by the dinosaurs who hold our records hostage. It's just outrageous.

Take heart. Sealed records do not mean you cannot find the truth of your origins; if you persevere and believe in your right to know.

Take care.

LaurieDB

I think you are referring to getting your records opened to you, is that correct? At one time, all adoptions were "closed" adoptions. "Open" adoption is a relatively new idea in the adoption world. It refers to an arrangement where the first parents and adoptive parents maintain some sort of contact. Open adoption does NOT, however, mean that the records are open. They are sealed just the same as in a closed adoption.

So, the issue here is about getting access to your records. I have met several people who have obtained records access in other states, but it is because they were adopted in states that allow adopted citizens to access the records upon reaching a certain age (normally between 18-21, depending on the state.) I don't know anyone who has successfully petitioned the court in NYS. I wish I did. I do believe, however, that while we fight for the return to equal access in all states, that every adopted citizen who doesn't have access should petition the court.

New York, as you know, does not give adopted citizens equal treatment under the law by giving them the same records access enjoyed by non-adopted citizens. A court order is necessary to obtain access. It is very, very similar to the law in California, as both of these states have what is called a "good cause" clause. This means that when an adopted person petitions the court for records access, s/he must give "good and compelling cause" to have access granted. The judge in each case decides whether or not the reason given is "good and compelling cause." Therefore, there is no standard, legal definition of what "good and compelling cause" actually means. Because of this, New York is one of the toughest states in which to access one's records if adopted.

Here is the NYS law for records access:

Identifying information is provided through the registry.

Using the Adoption Registry:
Adopted adults age 18 or older, born and adopted in New York, adopted adults under 18 with consent from adoptive parents, birth parents and siblings of an adult (18 or older) adoptee. There is no fee to register.

Contact:
Adoption Information Registry
New York State Department of Health
PO Box 2602>br? Albany, NY 12220-2602
(518) 474-9600
http://www.health.state.ny.us/nysdoh/vr/forms/registry.htm

Obtaining an Original Birth Certificate:
An adoptee must petition the court in which the adoption was finalized.

Taken from:
New York State Consolidated Laws, Public Health Chapter 45, Article 41, Title 3, Section 4138

http://public.leginfo.state.ny.us/menugetf.cgi?COMMONQUERY=LAWS

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