What are the laws on opening adoption records if the birthmother is dead?

Question

the adoption took place in New York state, and it was a closed adoption. I have no idea if the birth mother left any instructions, but doubt it. There are also no health issues. I want to locate my birth siblings.

Answer 1

how do you know she is dead? if you know that, you should know enough information to begin searching for any sisters or brothers. if not, get your non identifying info from the agency and begin there. lots of times there are clues in the info even though they blot out the names.

Answer 2

I would assume it depends where you are.  Here they are still sealed because that info can lead to the ID of others who may or may not wish to be contacted or known.  It's all about the protection of privacy.  There are many opinions on that but it's what it boils down to.

Answer 3

The laws are different in each state.  I suggest to contact/check website of the Bar Association for your state to get more info (or contact an attorney who specializes in this field).

There are many different factors that a judge will take into consideration:

*Who wants the information?

*Was it an 'open' adoption?

*Are there health issues involved?

*Did the birth mother leave any instructions regarding the adoption?

Answer 4

more than likely you will not be able to find them it was a closed adoption..try calling the adoption agency for the state...i did for the state of ky..i knew my mother was dead but i also knew i had two brothers and a sister that were older than me...the lady on the phone called them what i called them their names had been changed as well....she also told me they hadnt looked for me....she also told me i was an aunt as my sister had ..had a baby boy the year after i had my daughter..and she told me that as of that year she was still living in the county where they were adopted...all those little things helped me find her when i finally broke down and hired someone to find them for me...i gave that person all that info and she knew withing a week and a half who they were..we didnt have birth certificates they had to be made when we were placed in foster care...so its really going to depend on the state.in the state of ky it doesnt matter they are sealed forever....good luck...also do you know when she died you can request her death certificate..i did and on the form when it asked who i was..i put daughter because it isnt a lie...

Answer 5

NY State requires a court order, stating 'good cause,'  to open the record.  Good cause is undefined.  It is up to the discretion of the judge reviewing the the petition to open the record.  It is rare that a petition to open the record is granted.  Knowing one's 'birthmother' or having a deceased 'birthmother' doesn't make a difference.  Some adopted persons have actually walked into the court WITH the 'birthmothers' standing next to them and had their petitions DENIED!  Having an open adoption doesn't make a difference.  The records are still sealed and a court order must be obtained in order to open the record.  

This is the law in New York:

Obtaining an Original Birth Certificate:

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

Obtaining Identifying Information:

Identifying information is provided through the registry.

Using the Adoption Registry:

Adopted adults age 18 or older, born and adopted in New York, adopted adults under 18 with consent from adoptive parents, birth parents and siblings of an adult (18 or older) adoptee. There is no fee to register.

Contact:

Adoption Information Registry

New York State Department of Health

PO Box 2602  Albany, NY 12220-2602

[phone]

http://www.health.state.ny.us/nysdoh/vr/...

Answer 6

New York State Health Dept has a Sibling registry

http://www.health.state.ny.us/vital_reco...

Records were never sealed for 'privacy reasons' as people erroneously state and certainly not between blood relatives! - all citizens have the same 'privacy rights' and there is nothing so special about adoption that it needs to be treated like the witness protection program.

There are Bills being pushed through to change this archaic sealed record law.  The USA is the last of the industrialized nations to do away with discriminatory sealed records laws and progress is slow.   Adoptees continue to be stigmatized as second-class citizens capable of harm to others (you know - the ol' b*****d/bad blood theory)   It'll take a while for the old reptiles in power to get out of the stone age!

Every citizen deserves the same treatment under the law (with regards to gaining access to their own factual birth record) and equal freedom of association.

Anything else is discrimination.

Help change the laws:

http://www.unsealedinitiative.org/

Answer 7

The laws are no different whether the birthmother is dead or not.   Her next of kin can request information from an adoption agency, but court documents are only available if they were available to the birthmother.