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#256
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Re: California petiton
I petitioned the court in California twice. The first time I used medical reasons and got zilch! They gave me the same quote that was contained in my non-identifiying information which I already had!
In the second petition I got huffy and just spilled all the family history I had found, allegations of incest, etc. And asked the judge if the truth could be worse than the speculation and to please give my family peace. That worked! Unfortunatly the Department of Social Services didn't care and blaced out the names anyway. My experience suggests being sraight and blunt worked best. My suggestion is if they turn you down you turn right around and re-petition as many times as it takes. Getting over the fear of petitioning and being rejected was the biggest hurdle for me. Best of luck to all! |
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#257
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I finally found him. He died in 2006. The main person was
a freind that I met here in chat. He was listed on Ancestory.com's SSDI list complete with the right SS#. His other family also has a site in his memory on My Space. At least I know he was happy, and his son looks just like him at that age. I had tried to ask for a medical search, considering both of us made medical history, with our heart surgery. He died with his second one, at right about the same time as mine. But never, ever give up looking. Found my daughter 5 years ago, living on the streets. She is now doing great. We do not know but they may really need us to find them. Marie
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jomar |
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#258
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Sara...I would go to the clerk of the court in which you were adopted. Tell them your interest is to petition the court. They will give you the requirements and many courts have a form they request prior to getting into the court. The court will want to know why U want to unseal the records if that is your purpose. You can get all the details through the clerk of the court where you were adopted.
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#259
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For those looking for a means to unseal records, the following is an attempt to help and is of a general guideline.
State laws although different in many cases, also have many similarities. Many states have a form they want used to spell out the reasons for unsealing the records. Where there is no form, often there will be a request for a letter written directly to the Judge. A Judge doesn't make the law, he only upholds it. Your letter must contain the action you want the court to take, and to provide your reasons or evidence for unsealing the records. Many states use the legal criteria "Good Cause" as a basis for opening sealed records. "Good Cause" can be based on multiple reasons...and is not limited to examples such as, a fraudulent adoption, there was an attempt at slavery, incest, etc. "Good Cause" evidence presented to the court must meet the "Good Cause" standard. That is, the evidence presented must be more compelling and have a greater significance than the reason for which the records were sealed. The Judge will decide if the evidence presented, is of enough significant value to meet the "Good Cause" criteria. If he decides in your favor, he will note that there was "Good Cause Shown" and unseal the records. Generally, many courts have been unwilling to unseal records for medical reasons, even in the face of terminal disease. There are cases, where in some states there were sympathetic judges who did open sealed records. There is no one criteria that fits all. I wish you the best. Last edited by Drywall : 07-22-2009 at 02:47 PM. |
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#260
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Sara...I would suggest you go back to the court that gave you the non-id info and ask them how to petition the court to unseal the records.
No one procedure works in all cases or for all states. The sealing of adoption records is decided through the legislature of each state. The judge simply enforces what the legislature hands down. The judge does have some discretionary powers. Generally, the court will use the part of law that has as it's basis, " Good Cause." This is a presentation to the court that the evidence you have has greater weight, or is more compelling than the reason for the sealing of the records...and for the reasons you are presenting to the court, the records should be unsealed. The Judge will review what you are asking the court to do and make a decision. If he decides to unseal the records, he will note that the evidence you presented, met the criteria of "Good Cause Shown." Some courts will accept a medical condition as a reason for unsealing records, many do not, even in the face of terminal disease. I wish you the best. Last edited by Drywall : 08-14-2009 at 08:55 AM. |
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#261
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Hi,
I just sent a letter off in the mail two days ago petitioning the court for my adoption records to be opened. I live in Michigan which is a closed record state. Does anyone know what happens next? I just sent out the letter but I hate waiting for the reply. Do you know how long it usually takes to hear something back? I live in NC now but was born in MI will I have to go back there and go to court or will he give me the infomation or just say no that he not granting any requests. This is driving me nuts. I don't know what route to take next if he says no. I have hired a intermedery a year ago and she can't seem to find my birth mother. Sometimes when I talk to her it seems like shes not working vary hard at it I ask her something she says shes going to do the month before and she tells me the same thing the next month. Its been a year and she is just now saying that she is going to try and look out of state. Its driving me crazy!!!!! and I may not be able to do anymore then she is but if I had a full name ( I only have first name and birthdates) I could at least try and search myself.With no last name you can't do any of the searches. Sorry for rambling on. I just can't wait please let me know if anyone has any suggustions. Thanks. Candace |
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#262
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Candace...its good that you have written your letter to the court.
All states are different regarding procedures for gaining information in sealed records. You have a number of questions that only a MI court representative can answer. Call the clerk of the court, or speak to a court administrative assistant, where your adoption was finalized. They will tell you how to get the information you want and answer all your questions. They will not give you legal advice but they may be able to tell you the time frame for the judge to rule on your request. I wish you the best. |
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#263
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Thanks Drywall,
I already called the court and the person on the phone was not vary friendly at all. She made me feel realy stupid when I hung up the phone. Then made me really dout myself about writting a letter. Thanks Candace |
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#264
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Hello from Texas
My daughter just found my son working with Adoption Angels - however, Texas has an Open Records law now -I was going to register with them but my daughter found him before I could - I talked to the lady there at DSHS - her name is Patricia and she is a very loving lady - the link is Texas Vital Statistics – Central Adoption Registry - or the number is 512-458-7388 - I gave you the link as the number is a local number - they may have a 1-800 number but I do not have it - good luck and God bless and please feel free to contact me any
time - Thanks, TL |
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#265
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For those who were born and adopted in Texas: To petition the court, you need to find out what court handled the adoption. In my case, it was the 113th District Court. To get that info, you need to contact Vital Statistics in Austin. Once you know the court, go to the court and complete the paperwork. There should not be a fee for this. At least there wasn't for me. You'll receive a response in the mail about 6-8 weeks later. A bit of advice: Don't get your hopes up. I petitioned the court twice using medical necessity as a reason (I even included supporting documentation from my Dr's) and was denied twice. The Judge does not have to give a reason. But then it depends on the Judge. Either they recognize the real need to have open records or they live with their head up their ***. Good luck.
Scott ![]() |
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#266
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Candace, I work on geneology and when I was in Michigan 8 years ago, they did the same thing to me. They were MEAN and ugly. Good grief, I was looking for people that died 50 years ago.
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#267
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i just sent off a request for my non-id info. i sent it off a week ago. i want my info so bad! i also want to know if i have to petition the court if the fact that i want to find my tribe would be a good reason to open my file? my bmom is Cherokee or half-Cherokee. i am 33 years old. i am going nuts! i've always wanted to know but i never got serious about it til now.
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#268
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Clarification ?
I am a Texas adoptee, who due to a medical condition, was able to, with the help of my doctors and the agency, find my Bio mother. However, and I could be wrong, I don't believe Texas is an "open records" state just yet. Texas is becoming more open, but still has a long way to go.
If you are an adoptee in Texas, and you know the name of your bio parents, you are now able to request your OBC from vital records. If you do not have that information, you cannot get your OBC. You, in order to get any information, must still petition the courts. The decision as to whether or not to open your records is still in the hands of a judge, who may or may not, allow you that info. The judge also decides what info you will get. You can register through the vital records department with the "Texas Vital Statistics Central Adoption Registry", a vollentary mutual registry. The registry has the athority, without a court order, to look at sealed records. If an adoptee and their bio parent/siblings, both register and agree, the registry will help reunite. You must be 18 years or over to register. |
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#269
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i was born & adopted in Georgia in 1976. my adoption took place w/in a year after i was born. my mother was only 14 when she had me. i have heard that can complicate issues as her parents may have signed the adoption papers because she was a minor. i can go thru the state for $300 they will try to set up a reunion between us but 1st i have to get my non-id info from them (that was $35). crazyness!
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