Petitioning the Court for Adoption Records?
Heather B asked:
What are the court fees to file a petition for my own adoption papers?
What are the court fees to file a petition for my own adoption papers?
Can I represent myself or is a Lawyer required?
I’m petitioning in New York State
Fees vary by state and county.
I would talk to a lawyer.
I does vary state to state. I was able to download forms from the internet, fill them out, have them notarized, and simply mail them in to petition the court to open my records. Then the court assigned the case to a court sanctioned Confidential Intermediary who is the actual person who looks at the files and does the investigatory work to find, in my case, my bparents. The CI is also the person who contacts the sought-after and must get written permission that is filed with the court for release of that person’s identity. It is all very formal, and I liked that. If I remember correctly it cost about $750. I did not get to see my file, nor was I provided copies of anything because both bparents would have had to sign over that right to me…and they wouldn’t. So keep in mind that even if you get permission to open the records, the answer could still be no.
I would get a lawyer to help you with New York. New York is known for turning down folks.
I live in California and when I petitioned, the court fees were reasonable (about $150.00.) For New York, the forms are downloadable from the Court Website:
The necessary forms are numbers 27a - 27e and can be found at the bottom of the list.
New York, like California, is a tough one. Trying to show “good and compelling” cause is interesting, because there is no legal definition of such. It is left to the discretion of the court, meaning each judge decides what that means and whether or not your petition meets the burden of proof.
The letter I received back from the judge stated the my petition did not meet this. I already knew my entire natural family. Desire for medical information doesn’t meet it, either.
You’ll more than likely, as Amy stated, need legal representation. Courts take lawyers more seriously than people who petition pro persona.
The New York code is statue 4138 c and d. They really push for their mutual consent registry, but finally note that the OBC can be obtained by court order.
I tried in NJ and it cost $10 ( and an affadavit) to ask the judge to consider it.
Unbelievable…. it’s wrong, all wrong. I hope we can bring change for this. I can’t imagine not being able to have my hands on my OWN information. Then you have to pay and beg for them….
Best wishes.
I would get a lawyer and a good one if I were you. Contact a group like Bastard Nation or the American Adoption Congress to get leads on experienced ones. When I was considering petitioning, the president of the AAC found the names of lawyers who had successfully petitioned in my state and sent them to me.
I considered doing it myself but it would have been a lot of work on my own and I would rather rely on someone who had been successful in the past than take my chances and blow it. My understanding is that you only get one shot.
Good luck.