[missing75time]

After a phone call this week, I received news that my petition to break the seal on my adoption records (in Unified Family Court, San Francisco County, CA) had been approved by a judge.

My circumstances and legal reasons were a bit different, but I feel it very important to share that petitions can be successful, as I haven't seen many posts in this regard.

Background information - I had obtained my non-ID info about 6 months before my petition, which had confirmed the existence of an older brother (common natural mother), who'd been born and adopted in the State of New York, about 3 years before I was born. I'd attempted mutual consent registry with this brother, only to receive a letter from Dept of Health, NYS informing me that I would need 1) my original birth certificate, listing natural parents names; 2) my amended birth certificate; 3) my order of adoption.

Additionally, I'd utilized two searchers, and discovered both my natural parents had passed, and had obtained certificates of death for both of them.


PETITIONING THE COURT:

I'd phoned San Francisco County, Unified Family Court about a month prior to petitioning to inquire about the process of petitioning. The clerk informed me that there was a fill in the blank form available. After informing him I resided out of state, he mailed a form to me. I later discovered it's also available online here.

I utilized the form as a reference and created my own petition document. Though I appreciate lawyers, after being quoted $500 just to obtain my own documents, I decided I'd attempt to do it myself prior to retaining a lawyer.

I specifically requested my original birth certificate and order of adoption as documents sought. I cited wanting to register against my biological brother as my primary reason for breaking the seal. Additionally, I cited that the full names of my birth parents were necessary in establishing a legal right (in accordance with CA law), specifically, the legal right to register in the State of New York.

I also added that the people whom I believe to be my natural parents were both deceased, including the certificates of death as attachments.

I sent my petition with signature delivery confirmation. I phoned the Court after about 2 weeks had passed since delivery confirmation to inquire if I had a case number and court date. After being transfered to another clerk, I was informed that this second clerk would look into it, taking my name, number and details.

Later that day, the clerk phoned back, informing me that the judge had signed my petition. I'm now waiting for the clerk to search through the archives to locate my file, then they'll be mailed to me.

I'll post an update once my adoption files are received.

[aspenhall]

Have you gotten them yet??

[missing75time]

It is indeed a most curious experience, being adopted. One might say that it colors all of life, with this shadow reality of sorts.

In the meanwhile of waiting for the results of my petition to break the seal on my adoption records, I learned from another member that California has two seperate codes for obtaining adoption records,

"Did you petition under the Family Code 9200 and the Health and Safety Code 102705? It is my understanding that the Family Code pertains to your adoption file and the Health and Safety Code pertains to your original birth certificate."

I know understand that I as am after two records, the first being my adoption order or decree, which would be located within Unified Family Court. The second record, my original birth certificate, I'll have to again petition through the county court, yet will then be forwarded up to the CA Office of Vital Records. CA State web site had an example of this petition, which I'll post a link to when I find it again.


I called San Francisco County Unified Family Court today, to inquire about the status of my petition. I'd submitted my petition about 15 Jan 2009, and though I'd received delivery confirmation, I'd had to call Unified Family Court about a week after delivery, at which point my petition went before a judge, and was signed; 3 Feb 2009. In early Feb, I was informed to wait about a week, then call back. When I'd called in mid Feb, I was informed that there was a delay on account of "we're putting our files into the computer". Funny thing. I recall hearing the exact line of BS from the Human Services Agency regarding my non-ID info.

No matter, if there's anything I've learned to do in requesting information surrounding my adoption, it's waiting.

Within perhaps March, I received my self addressed stamped envelope back from Unified Family Court. Contained within, my petition, with a raised seal, a case number written in, and FILED stamped on the front. 4 Mar 2009, my petition had been filed with San Francisco County Superior Court. Along with my petition, my checks were returned. No other information or documents were included.

I thought it strange at the time, but as I have a life to lead, and as I am a private investigator, genealogist, and para-legal in my spare time, didn't take any action until 24 Apr 2009.

I called San Francisco Unified Family Court, and after reaching a voicemail on the first attempts, finally spoke with a court clerk. (The voicemail prompts the caller to leave a message including name, phone number, and case number, yet also indicated that the mailbox was full. Not a good sign.)

When I gave the clerk my case number, she was unable to look it up on the computer. Nor was she able to locate any information based on my last name. Apparently, the person who filed my petition wasn't at work today (surprise on that one, and either I have an uncanny ability to call on the days when workers are not in the office, or government employees take a lot more days off.)

I left a message, and I should be hearing from the correct court clerk on Monday, 27 Apr.

What I find most odd about the Court's handling my petition, the case number: San Francisco County, Unified Court's website has a lookup tool to check the status on a case. It prompts for a six digit case number. Somehow, my petition ended up with only five numbers, and when entered, will pull up court proceedings on a divorce case from 1985.

Short answer, no, I haven't received either of the documents requested from San Francisco County Superior Court, Unified Family Court. I do have a copy of my petition, signed by Donna J. Hitches (presiding judge), with an indication that it's been filed with the county.

[aspenhall]

Could those documents have been a "clue" to your brother's whereabouts?

Perhaps the divorce proceedinsg are his adoptive parents....that was my first thought..

[missing75time]

Some I'm wondering over this weekend, after my call to Unified Family Court, why they'd sent my signed petition back to me (btw - correction, Honorable Judge Donna J. Hitchens). I'd speculated that I'd need to reaccomplish my petition, as I'd noted a difference in the petitions available online at San Francisco Unified Family Court, and California Department of Social Services.

Example petitions:

San Francisco Unified Family Court's http://www.sfgov.org/site/uploadedfi...ionRecords.pdf

California Department of Social Services's
http://www.ci.berkeley.ca.us/uploade...%20Jan2008.pdf

(Couln't find a copy of CDSS's on the CDSS website)

Anyway, I'm reading through CDSS's The Adoption Process publication, and I note what California Office of Vital Records states as constituting a certified copy of a court order. Then I go back to looking over what Unified Family Court sent me, and it registers that I have a court order in my hands. I suppose it helps when you pay attorneys to do this sort of thing, but again, it's not worth the $500 quoted, when given a bit of time, I can come up with the same answer.

I now have an envelope ready to send off to the CA Office of Vital Records, with the thought of, well, here goes. Should Vital Records deny my request, I am **** sure curious on what grounds it'll be.

I still need to follow up with the Unified Family Court Clerk on my Order of Adoption, or Adoption Decree. I did not have a chance to call them on Monday.

[missing75time]

Over the course of the last two weeks, I've been having a dialog with one of the Unified Family Court clerks. Apparently, there's two clerks who work any post adotion issues in Unified Family Court, one male, and one female. Presently, I chose to refrain from mentioning them by name, and it is easy enough to refer to them by gender. I have recently been communicating with the female court clerk.

As it turns out, the male clerk handled my court order granting my adoption decree, and/or order of adoption. He'd unfortunately gone on vacation much of the time I had attempted to follow up on why I'd not received anything from the court, which resulted in my speaking with the female clerk.

Cutting through some of the relaying of information, the male clerk had supposedly sent my order of adoption/adoption decree prior to his going on vacation. However, I never received it, hence calling the courts.

In speaking with the female clerk, she had made the decision to re-order my adoption file from the warehouse, as she refered to it. The court maintains a log of such requests, and she noted that my adoption file had prevously been requested.

I received a most curious voicemail today from the female clerk. She looked through my adoption file, and mentioned that it appeared according to the file that the adoption was never finalized:

Those interested in some of what is contained in one's adoption file may want to take note, she mentioned after looking through the file it contained:

-report established by social services & request (for adoption)
-order giving up biological parents rights



This leaves me with a rather odd situation. Applying Occam's razor, I would expect to find my adoption decree, presently missing from my adoption file, sitting on the male court clerk's desk or office. As he had at one point claimed to have sent the decree to me, and the log indicates my adoption file had previously been requested. But it also begs a much more profound question: How did my adoption decree not make it back into the adoption file when sent back to the warehouse for the female clerk to then have requested?

As an alternate, let's say the male clerk never sent my adoption decree, as one "wasn't produced". This possibility leads to some very serious legal questions, such as how was my birth certificate sealed when the adoption wasn't finalized, and how was an amended one created in its place? What of the legal relation then to any/all of my parents, birth or adoptive?

Of all the outcomes I'd expected/projected about petitioning the court, I really must say that this one is far more bizarre than what I could have come up with. I now have a male court clerk claiming to have sent my adoption decree; a record the female court clerk claims is not presently in my adoption file.

Though I'm not happy with the present outcome, I know this is by no means the end of this journey. I'm still brainstorming on what my course of action shall be. Filing a Motion to Show Cause against the male clerk specifically, and the Unified Family Court Clerk Office comes to mind, as well as possible Contempt of Court charges. Much as I shall always be a bastard, I do prefer to handle such situations as a gentleman.

I plan to phone the female clerk again, just to clarify the situation, and ask her if she's aware the implications of the adoption never being finalized. I also need to speak with the male clerk, now that he's back from vacation, to inquire whether he located my adoption decree when he'd accessed my file, and if he had, to politely ask him to double check that a copy made it out to me, as well as back to the warehouse.

The strangeness factor is going off the scale on this one...

[wishfulthinker]

HHMMM....A strangeness factor in petition the court for your original birth certificate. Imagine that.

The CA court system for adult adoptees attempting to petition for OUR original birth certificates is nothing short of PATHETIC.

I'm so very sorry. I feel your frustration - literally.

I hope you get to the bottom of this. These are people paid by tax dollars who don't know, or are not willing, to perform their duties. There is no excuse.

Good luck. Please keep us updated.

[missing75time]

At latest report, I'd been in touch with the clerk, who'd looked through my adoption file, only to discover my adoption decree was not included.

I spoke with my a-parents, on the off chance my adoption had not been finalized, and (re)discovered my adoption and my half-sister's had been handled at the same time. (Both my younger sister and I share our birth mother, and were adopted into the same family) This raised the possibility that perhaps both of us were listed on only one adoption decree, yet somehow, only her adoption file retained a copy of the decree.

I expressed this situation to the court clerk, and she's looking into it. I really must give kudos to this court clerk. Though she hasn't as yet located my adoption decree, as now directed by court order, she's kept me in the loop, and been very receptive of my situation.

...

On the other aspect of my petition, my original birth certificate, I sent my court order off to California State Vital Records, with another request form. I'm anxious as to the reply. From previous experiences, I'm conditioned to expect some excuse or further requirement back, but we'll see.

[missing75time]

I phoned United Family Court again today. Same status, the court is unable to locate information that my adoption had been finalized. I did request a letter to that effect from the Court Clerk's office. I may need it for further legal action.

I probed a bit, and discovered there's a short listing maintained as well as an adoption file. The adoption file pertained to the adoptee and the court maintains it. I don't have a name for it, but there's a listing of adoptions which have been completed as well. It's only the name, and date of adoption, and some other information, (which I should have taken note of) which was then microfiched. Apparently, I don't show up on that listing either.

In the meanwhile, I composed two letters this weekend, one for the California Department of Social Services (CDSS) and one for San Francisco City and County Human Services Agency (SF HSA). Both ask the same question to each agency, namely, what's date was my adoption finalized, if indeed it had been, and how do I now obtain documentation?

I may re-introduce the above situation as a different forum topic, as it no longer falls under successfully petitioning the court.

On the other court ordered document, my Original Birth Certificate, it may be a while until I have an update to post. When I'd requested my amended birth certificate, the wait was about 4-6 weeks. I'm very anxious to hear what the reply is, though I'm not holding my breath.

[aspenhall]

If you were "never adopted" it should be no sweat to get your OBC right?? (wink wink)

[missing75time]

Originally Posted by aspenhall

If you were "never adopted" it should be no sweat to get your OBC right?? (wink wink)

The situation is strange indeed. As mentioned, the courts have no documentation that the adoption had been finalized.

However, somehow my OBC has been sealed. I requested it in from the CA Vital Records, fall of last year, to receive in essence a black paper with a raised CA seal/stamp, and a note indicated the birth record had been sealed, and the reasons for it also sealed.

I have a second CABI listing that I'd requested as well, that one generated a "no record found". Probably a result of my illegitimate status, a birth record was annoted under my father's name, but no certificate generated.

Like I said, I'm probably going to start a different thread on this. Late discovery un-adopted maybe?

[aspenhall]

I would approach it being fully adamant that an adoption hadn't taken place, and the OBC Sealing was a mistake and they need to provide proof of the adoption, or unseal the OBC. I mean my goodness what a horrid mistake to make!

At very worst I'd go to the media at this point.

[missing75time]

The strangeness continues...but sometimes it's delightful too.

I just received a phone call, from the agency that handled my adoption, and now know that my adoption had indeed been finalized. 30 years ago today as a matter of fact.

Curious the timing of the experience; writing Human Service Agency, after Unified Family Court couldn't locate documentation of my adoption having been finalized, leading up to HSA calling.

So, finally some upsides to this experience. The phone call, which provided the exact date of my adoption having been finalized, and on an anniversary at that, as well as confirming that it had been finalized. Really don't think I'd have been prepared for the legal tangle of a situation had it not been finalized. Additionally, HSA's social worker informed me she'd pull the file HSA maintained on me, to see if she can provide me a copy of my Order of Adoption.

One of the two documents sought may be shortly enroute now. Still no word from CA Vital Records, on my OBC request, and I expect a letter on that one.