[captsunshine]

I live in New York State and was adopted through Catholic Charities in 1969. I have been searching for my birth parents for several years in the normal ways with little luck. Of course all the records are sealed tighter than fort knox. I work in an environment which sees me getting sued several times a year for normal work related activities. The thought came to several of us at work to file a Civil action of some type against my birth parents who would be listed as john and jane doe on the paperwork. Now of course the adoption files are "sealed" but the information "IS" there. A federal court could open those sealed records to get the identities and serve the papers without informing me of their identity. The complaint the birth parents would receive would be quite clear that I was seeking information only and not puniative damages or anything of that kind, and how I could be contacted through my representing counsel. I would have confirmation that they had in fact been served and are therefore alive. This would have the effect of providing first contact by going around the sealed records issue. If the courts were to reject the opening of the records I would have grounds to appeal to a higher court based on a denial of due process and equal protection under the law. Anyone ever tried this route? Any thoughts from any legal minds out there?

[Kellster]

Canadian-trained here, but I am sure that the laws are similar. Here, your suit would have to have at least some semblance of a reasonable legal basis. What type of suit would you consider launching?

Kelly

[captsunshine]

Kelly,

Thanks for the responce. Not exactly sure how it would be worded but something along the lines of denial of "current" medical information. As is the case with most adoptees, I only have the most basic of information from all the way back in 1968 when I was born. Medical technology has come a long way since. By not having current family history I and my new born son are at a serious disadvantage due only to the denial of that information through no fault of our own.

Someplace along those lines my civil rights as a citizen have been trampled on.

What are your thoughts?

[zxczxcasdasd]

Hmmm...I think you might need to come up with a different basis for the suit since HIPPA laws specifically make everyone's medical information private. No child or relative has any legal right to anyone's medical information no matter how basic. I'm not speaking morally here, just legally.

I think your idea is creative but I think you need a different basis than the medical since there are federal laws actually prohibiting anyone from getting anyone's medical info. Like I said before, I'm speaking legally, not morally. I know this is a hard issue for adoptees (the lack of family medical history), but having worked for a health insurance company for 5 years, no one (not even a spouse unless specific permission is given) is entitled to anyone's medical information. That's just the way the law is. I do wish that there was some non-ID way adoptees could get the info they want. Anyway, without getting into that whole thing, someone else's medical information could not be a legal basis for a lawsuit.

Maybe some old family law statute might work?

[Kellster]

Any specific statutes or case law to cite?

Kelly

[MamaS]

Maybe you are being denied the opportunity to practice your religion? You might have been born Jewish and not know it. Or, you might have been baptized Catholic and not know it. Or, you might need to know because you want to marry someone of a specific religion who can't marry outside their faith. You have a NEED TO KNOW your religious history. If you don't know it, you don't have the freedom to practice it, so---? Religious history isn't as protected as medical history, so that could get your foot in the door.

[captsunshine]

Interesting thought MamaS. See now we are getting someplace. This is just the kind of brianstorming I was hoping to start. Anyone else have any ideas.

Kelly, your thoughts concerning HIPPA are correct, but you stated something that again opens a pandoras box. You said that the medical information is private unless specific permission is given by the owner of that information. I agree, but, I am being denied the ability to even request that permission. Any other unadopted citizen of this country would have the option of requesting the medical information via a short form filed with the apropriate offices. Through no fault of mine I am being denied that option and am being damaged. I think there is more wiggle room here than you might be letting on.

I look forward to hearing from others. Maybe we can help some people in the process.

[M DOB 8/15/1960]

If the adoption decree is a legally binding document - a contract if I may - then would not all parties involved have to be alloted equal consideration for it to be fair and legally binding?

Since the adoptee is a minor during these proceedings-their rights or best interests are decided albeit arbitrarily by others

Therefore, since the adoptee is now an adult and wanting to be fully included as a "partner" in the adoption triad are they not denied due process when they are not allowed to view the full details of this contract?

The contract (decree) is between the adoptive and birth parents

Now that the adoptee is of age -they should be allowed access because nowhere does it say specifically that the adoptive is not to be allowed access -at any stage - in their life.

[angel1970]

Hi, my name is Debbie and I am an adoptee that turns 37 today. I live in RI and have the same problem with the sealing of records in this state. I have been searching for loopholes for years. I am not a lawyer but I am definitly gonna check this out. I believe you may have stumbled onto something !! Please let me know how you make out. I can be reached at dli324@yahoo.com. I will do some investigating as well.