Getting adoption info: A LAWYER?

Question

I asked a question earlier about whether I should call the agency or the court...well I chose the court. Babbled like an idiot about why I was calling...wondering how I could go about getting the information about my adoption, biological family info. This is in the state of Florida and she said it is sealed, even to them. I'd have to go through it all legally, and fill out the necessary paperwork, etc. I asked how, and she answered with a lawyer...and they'd look into your case.

I'm so confused. Will I need a lawyer? How do I go about picking a good one? Cheap? I mean, why can't I fill out info, etc...and find out these things? Could my mom's name be on records in the hospital for my birth? I have so many things I don't understand...

and I feel so stupid. I'm 19 and don't know much about this...I'll admit. But I didn't think it would be THIS complicated.

Answer 1

You've been given some great answers.

Yes - it IS that complicated.

Horrible - isn't it.

I'll give you a few websites that can be useful when starting out on your search.

First - add your details to the registries here

http://www.isrr.net/

http://registry.adoption.com/

Check here for information on your state records here -

http://adopteerights.net/

(click on the page marked 'Searchers' down the left hand side)

Check here for search help - and links to search angels -

http://www.adoptioncrossroads.org/

And check here for any support - it's the best online forum for adoptees I've found -

http://www.adultadoptees.org/

All the very best with your search.

Answer 2

Yes it sucks big time.   Our records are sealed and we have to get a Court Order to unseal them, which involves the hiring of a lawyer.  

Even then it is up to the Court's discretion as to whether they open the records or not.

It's really ridiculous, I know.  But there are ways you can search and there are many many people who have successfully found each other despite the antiquaited sealed records laws.

Start by registering with reunion registries, have you done that yet?

And get in touch with the search groups and links from the answer Theresa gave you to your last question.

Help and support is out there and never be disuaded by people who say you don't have the right to know.  YOU DO HAVE EVERY RIGHT TO KNOW THE TRUTH OF YOUR ORIGINS!

It shouldn't be complicated.  Adult adoptees should be able to go down to the vital records office, pay the $15 or whatever it is and get their original record of birth just like any other person - anything else is DISCRIMINATION against adoptees

Any argument in defense of sealed records is an argument in defense of DISCRIMINATION.

Join the fight for Equal Access!

Take care

Answer 3

Get the book "Birthright: A guide to search and reunion" by Jean Strauss.  It was a tremendous resource to me when I was searching.

Good luck.

Answer 4

Hi Tiffer,

It is all very confusing, I realize.  One thing you might want to do is get some knowledge as to the history of sealed records.  Here is a URL for that:  http://www.uoregon.edu/~adoption/topics/...

When your first parents gave you up for adoption, your personal birth records were not sealed.  In fact, if you'd remained unadopted -- for example, if you'd remained in foster care or had been raised by relatives without a legal adoption, your records would have never sealed.  So, don't let anyone tell you that the records are sealed to "protect" your first parents' identities.  They are not.  If that were the case, the birth records would seal upon relinquishment to help ensure such a level of anonymity.  In fact, plenty of adoption decrees have been found in the possession of adoptive families that do have the first parents' names right on them.  Once you read through the history, you'll understand what happened -- and why the reestablishment of equal rights for adopted citizens is being pursued in the 44 states that don't currently have equal rights for adopted persons.

More directly about your question however, I will tell you that you can, indeed petition the court on your own to get your record.  However, the chance of that happening are pretty slim.  The courts look for what's called "good cause" in deciding whether or not to unseal a record.  Good cause is not defined.  It is up to the discretion of each court.  This is the main reason you would want to use an attorney in trying to obtain your record from the court.  I was adopted in California, which has the same type of law.  Even though I've KNOWN my entire first family -- both sides -- for nearly 7 years, I still have been denied access to my record.  It's not about my first parents' identities.

As for finding an attorney, one thing I would strongly suggest is that you don't hire someone who calls himself or herself an adoption attorney.  These attorneys generally facilitate adoption, so probably would not take a case outside of that realm.  Realize, too, that some of them, although certainly not all, haven't always been the most honest in their dealings.  Therefore, unsealing of records isn't exactly something folks like that would want to see happen.

Here is a synopsis of Florida's laws regarding information access:

Obtaining Non-Identifying Information:

Non-identifying information is available to adopted adults age 18 or older and adoptive parents.

Obtaining Identifying Information:

Adopted adults age 18 or older or adoptive parents can receive information regarding the parents who surrendered if they have given written consent to disclosure. Parents who’ve surrendered can receive information on adopted adults age 21 or older if the adopted adult or natural parents have given written consent to disclosure.

The intermediary system in Florida gives agencies the ability to contact the other party for a searching individual and notify the other party of the availability of the state mutual consent registry. So basically you petition the courts, they look onto your file for the name of your natural parents, they do a search for them, and tell them about the registry. Then they have to PAY and register and the registry must make the match and will then reunite you. I am unclear if they act as an intermediary or not.

Using the Adoption Registry:

Any of the following persons can consent to have information released:

adopted adults

parents who’ve surrendered

adoptive parents

biological siblings

and biological grandparents

A court, upon petition of adopted adult for good cause shown, may either open the adoption records or hire an intermediary to locate and advise each birth parent of the registry (if not registered). ( there ARE fee’s involved )

Contact:

Florida Adoption Reunion Registry

Florida Department of Health and Rehabilitation Services

2811-E Industrial Plaza Drive

Tallahassee, FL 32301

[phone]

[phone]

Obtaining an Original Birth Certificate:

An adoptee must petition the court in which the adoption was finalized.

Contact:

To receive non-identifying information if the adoption was facilitated independently or through the State welfare department, contact :

Department of Children and Families Post Adoption Services

Unit 1317 Winewood Boulevard

Tallahassee, FL, 32399-0700.

Answer 5

FROM DAY ONE YOU NEED A LAWYER...