How to Get Adoption Records Unsealed for Medical Reasons
If you were the subject of a closed adoption and need to access your birth family's health history and contact information for medical reasons, you will need to petition the court in the jurisdiction where your adoption was finalized. To commence the proceedings, you will need to file a petition with the court and provide evidence that backs up your medical reasons for asking that your reasons be unsealed. The court will then hear your case and determine whether your medical reasons warrant unsealing the adoption file.
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Instructions
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Draft a petition to unseal your medical records. Your petition should list your full name after adoption, your adoptive parents' names, your date of birth and the case number from your adoption file, if it is available.
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List the specifics of your medical condition. In your petition, provide details of your health condition, including your dates of diagnosis, treatments and prognosis and explain why opening your adoption file would aid in your treatment or be beneficial to your birth family.
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Obtain documentation of your medical condition. Prior to the commencement of your legal proceedings, ask your doctor to prepare an affidavit stating that it is medically necessary advisable to obtain a record of your medical history from your adoption files. Your doctor will need to execute the affidavit in the presence of a notary public.
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File the petition and original affidavit with the court. Once you have submitted your documents to the office of the clerk of the court, she will assign you a hearing date.
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Attend your hearing. When the judge reviews your case, provide any addition written documentation or testimony to support opening your adoption file. If the judge agrees to open your records, use the signed court order to request your adoption files from the court records office or agency that facilitated your placement.
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Tips & Warnings
Although it is not required, asking your doctor to testify in court may help your case.
