Surrogate Edward McCarty III
Adoptee Candy sought to unseal her adoption records. The court noted she was previously granted an investigative report with her adoption file, including medical information. Candy stated she believed her birth father, because of his AWOL status, was unaware of the adoption. Candy claimed she located a woman on Facebook significantly resembling her, and sought identifying information of her birth parents before contacting this woman. The court noted while it was unusual to unseal adoption records for non-medical records, and while rare, it occasionally occurred. Yet, it denied the application. Thus, while Candy was concerned her biological father was not involved in planning for her adoption, even if substantiated, such concern would not, under Domestic Relations Law §114(2), give rise to good cause for unsealing the adoption files. The court noted Candy presented no other basis, medical or otherwise, to unseal the records. Hence, in reviewing the balance between Candy’s expressed interest, and that of the State in maintaining sealed adoption records, the court found Candy’s reasons for unsealing the records were insufficient to establish good cause under §114(2).
