Legal Question in Family Law in Illinois
''adoption is it actually fair to the adoptees?''
My question is about being adopted. My adopted parents will not give me my real brth-certificate and will also not help me or give me any real facts about my birthparents, birthplace. It's like their trying to hide something.'' My question is: can I take them to court to get all the information I need to find my birthparents??'' Since I cannot get the help I need from them? I don't want to continue to not know who I actually am...
1 Answer from Attorneys
Adoption: is it actually fair to the adoptees?''
I can't answer whether YOUR adoption was fair to YOU.
As for suing your adoptive parents to get information, the answer is no. Generally, you would be wasting your time and money to sue your parents for information identifying your natural parents. The law does not recognize any obligation on adoptive parents to tell the adopted child anything.
Neither can you expect to be able to examine the court file concerning your adoption. Illinois law (750 ILCS 50/18) provides in pertinent part that: �All adoption records maintained by each circuit clerk shall be impounded . . . and shall be opened for examination only upon specific order of the court, . . .� Indeed, even your parents and their lawyer �may inspect the file only with leave of court.
You have other legal avenues you can pursue, but you are not eligible to do so until you are twenty-one years old. Please permit me to explain further:
With respect to adoption information, Illinois has created the Illinois Adoption Registry and the Medical Information Exchange (750 ILCS 50/18.04, et seq.). The Adoption Registry provides a means by which registrants may authorize (or prohibit) the release of identifying information, including a copy of the adopted person's original birth certificate, to mutually consenting adult adopted or surrendered persons, birth parents, adoptive parents, legal guardians and birth siblings. Confidential facts may be released to registrants only after at least two specified parties to the adoption have each filed explicit mutual consent for the exchange of this information. As the adopted child, you must be at least 21 years old to register your consent. For more information, you may contact the Illinois Adoption Registry at (TOLL FREE within Illinois) 877-323-5299 or at 217-557-5159.
When you are 21 years of age, you will also be eligible to register for Medical Information Exchange which exists for the purpose of the voluntary exchange of medical information between mutually consenting birth parents or birth siblings and mutually consenting adoptive parents of adopted persons under the age of 21, or adopted 21 years of age or over.
In addition, when you are 21 or older, you will be entitled (750 ILCS 50/18.3a) to petition a court for the appointment of a confidential intermediary for the purpose of obtaining from one or both birth parents (or a natural sibling) information concerning the background of psychological or genetically-based medical problems.
The State of Illinois maintains a website which contains more information and forms:
Beyond these legal avenues, you might receive help from adoption support groups that assist persons in your position. Check the Internet. Be wise about this; learn first and supply information later. And be wary of spending money on so-called �experts� who claim to be able to find out hidden information.