[Nicole28]

Tonight I did extensive research on petitioning the court here in NYS. I downloaded the appropriate forms and discovered that I don't need a lawyer - the petition is "pro se," meaning that you go to court & petition them yourself. One website [a reputable NYS site] did state that the "help or advice from an attorney" is often "helpful" when petitioning the court.

So, I don't know what to do - I'm about to graduate from college and CANNOT afford to hire a lawyer. I am concerned that if I fill out my forms and pop into the court and try to have my records unsealed that I won't be taken seriously. I don't even see a place on these forms for a notary - maybe I didn't look hard enough when I downloaded the PDF - but if there is no notarization required, then this just seems like a useless process of handing in paperwork that will never get me anywhere.

Has anyone petitioned the court or can anyone give me related advice?

[jwmjwm]

Nicole, I petitoned the court to unseal my records - but in D.C., not New York. I think a lot of people do this on their own, without a lawyer.

What do the forms look like? Do you have to actually write up a legal "petition"? What is the law in NYS? What do you have to show in order to have them unseal the records?

Do you know how often these petitions are granted?

[belleinblue1978]

I petitioned the courts in South Dakota. I went to the Clerk of Courts in the town I grew up in and she helped me file the paperwork even though I was petitioning the court in a different county. Do you know anyone in a courthouse near you?

[Nicole28]

I have attached both of the necessary forms to this post so you can take a look.

No, I don't need a lawyer, but according to Adoption Form 27-A, the court "may appoint a law guardian for the purpose of reviewing the file and determining whether the information being sought is in the file and to undertake such other and further instructions the Court may require."



In NYS you can petition the court on your own. If you do not have medical grounds - I do not - you need to provide "good cause." I feel like I have "good cause," haha, but whether or not the court would agree is a mystery to me. I am unsure how to phrase my "good cause" explanation, so I did an Internet search for local adoption lawyers and decided to write a few emails and letters asking for suggestions and advice...with the understanding that I may not get responses because, generally, lawyers DO charge for their services, and I am anticipating that I won't receive much help unless I cough up some money...which I can't do, considering that I graduate from college in 3 weeks & have yet to begin working full-time [although, in other news, I DID get a full-time job and I start in a month, woo!].

I also sent a letter to the family court in my county because I wanted to inquire about the petitioning process: do they recommend that I hire a lawyer; how often is a petition successful, etc. So, we'll see if they can help me out at all. I have a close friend who worked in the county records department during the summer for quite a few years, and I was too afraid to have him try and dig up my records [and I didn't know if they were even kept with everyone else's records or what] but I think I will shoot him an email and see if he can help me out at all.

Back to my "good cause." At this point, my "good cause" is medically-related...

I have increasing concern of the potential for biological predisposition to certain health conditions, such as heart disease or certain types of cancer. I am 23 years old and would ideally begin having children within the next five years, and the prospect of becoming pregnant and not having access to my biological medical history is frightening. I respectfully request that my records be unsealed so that I may have access to biological medical history.

I am honestly less concerned with receiving my biological mother's identifying information...I really, really want my medical history. I am not sure whether or not to include this in my "good cause." Perhaps it would benefit me, because the courts would have an understanding that I am not out to breach my biological mother's privacy?!? I am, however, interested to know whether or not I have biological half-siblings...this, too, I suppose, could be considered a medically-related question, since a half-sibling would be an ideal donor in the event of a health crisis.

My head is spinning from all of this!

[jwmjwm]

I found something for you: On Google Book Search, look for "good cause sealed adoption records new york." I found a page from Medical Records and the Law by William H. Roach. On page 303, he discusses what constitutes "good cause" to open sealed adoption records, and cites some New York cases! It says that "good cause" can be concern about genetic or hereditary conditions that might impact on the decision to have children. But the need to obtain info on genetic or hereditary conditions must be supported by "detailed descriptions." Not sure what that means!

If you have access to a law library (either a public law library or law school library), you can do more research into cases that define "good cause" to open records. (The librarian should be able to help you get started.) If you find some that go your way, you could even cite them in your petition!

The second document you have is an affidavit of service. Do you know who needs to be served with the petition? You may want to try contacting the clerk of the court you will be petitioning. He/she may be able to explain more of the process - what they need on the forms, who has to be served, etc.

[twinkles]

Hi:
I petioned the District of Columbia Family Court. And was able to have my records unsealed throught the adopotion agency that handled my placement. However I am on a journey now to get my original birth certificate.
Do have a any suggestions on were I can find wording on petitioning the court for this? Thanks for your help.

[RavenSong]

Nicole, just a quick suggestion about lawyer representation. Does your university have a law school? If so, they might offer free legal services provided by their third-year law students. Back when I was in college in the early 1980's, I needed some legal advice and discovered that my university's school of law offered such a program. It was very cool, I must say!

[Nicole28]

I do know that my university provides a free law consultation...I never considered that, Raven, so I may have to take advantage of that.

I sent a couple of letters to lawyers that I found on the Internet - they specialized in adoption law. I also emailed, and one of the lawyers sent a reply and told me that the family court in my county was very user-friendly and that the personnel in the clerk's office were very sensitive to this issue and very willing to help. He said he was impressed and that clearly I'd done my homework and that I did not need a lawyer to petition the court - as long as I checked in with the clerk's office prior to filing my paperwork to make sure that I've completed everything and it is all in order he thought I'd be good to go. NOT to say that he suggested that they'd unseal my records - statistically, the odds are still against me.

I am going to write a letter to my doctor and ask her if she has any suggestions for wording my "good cause." When I went to the doctor for a wellness check up and to have blood work last week, she asked me why my medical history was not included in my file [I've only been seeing this doctor for a year now] and when I told her that I was adopted, she shook her head and commented on what a sham it was that my records were sealed...so perhaps she feels passionate about the situation and will help me out? It cannot hurt to ask.

As for the second form - I don't know who I am supposed to "serve." I am going to call the clerk's office and ask for explicit instructions before filling anything out.