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Legal Information Regarding Open Records

Articles

I Want My Mommy: Historical, Social and Legal Rationales for Unsealing Adoption Records for Adult Adoptees by Steven J. Drahozal.  This is my paper written for an adoption law seminar at the University College of Law during the Spring Semester 2000.  The formatting is a little odd because I copied from my Word2000 document, but it is still understandable (and rather long).  If you would like a Word version of this document, please e-mail me.

Cases

These are the full texts of cases decided by sundry courts.

Adoption of Baby S., 308 N.J. Super 207, 705 A.2d 822 (1997).  New Jersey Superior Court decision holding that biological mother failed to show "good cause" to open the record of her sons adoption.  Her stated reasons included her desire to put her son in her will.

Application of George, 625 S.W.2d 151 (Mo. App. 1981)   Outrageous Missouri Appellate Court case denying rcords access to a terminally ill person in order to contact biological family to find a bone marrow donor.

Backes v. Catholic Family & Community Services, 210   N. J. Super. 186, 509 A.2d 283 (1985).  New Jersey Superior Court decision holding that petitioner failed to show "good cause".  Among other reasons, his psychological evidence did not show that he was pathological and therefore did not need access.

Doe v. Sundquist, 106 F.3d 702, 704 (6th Cir. 1997), cert. denied, 522 U.S. 810, 118 S. Ct. 51 (1997).   Sixth Circuit Court of Appeals (Federal) Case upholding Tennessee's open records statute against a constitutional challenge.  Holding, among other things, that birth parents do not have a constitutional right to privacy from their birth children.   This case did not consider the state claims.

Doe v. Sundquist, 2 S.W.3d  919, 925 (Tenn. 1999).  Tennessee Supreme Court Decision holding that the Tennessee open records statute did not violate any state constitutional claims.

Does 1, 2, 3, 4, 5, 6, and 7 v. State, 164 Or. App. 543, ___ P.2d. ___ , (1999).  Oregon Court of Appeals Case upholding Measure 58, which opens adoption records to adult adoptees.

 Mills v. Atlantic City Dept. of Vital Statistics, 148 N.J. Super. 302, 372 A.2d 646 (1977).   New Jersey Superior Court decision outlining the rationales for closed records and upholding sealed records against a constitutional challenge.

Miscellaneous Legal Information for Non-lawyers

A glossary of legal terms related to adoption, open records, etc.

How to read a case citation  explains what the numbers and abbreviations mean in a court case citation

Statutes

Proposed Model Legislation and Commentary  Model legislation I wrote and commentary explaining what this law would do for adoption rights.

State Adoption Disclosure Laws at a Glance  Bastard Nation's Synopsis of state disclosure laws.

Tour of Adoptee Access Laws   Bastard Nation's links to actual state law texts.

 

Why Iowa Needs Adoption Reform Legal Information
Open Records Myths My Petition to Unseal My Records
My Story The National Council for Adoption on Open Records
Adoption Resources Online Valuable Books
Journal and Scholarly Articles About Me
History of Sealed Records Right Not Reunion