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In re Adoption No. 147 in the Circuit Court

Citations: 1989 Md. LEXIS 39; 314 Md. 719; 552 A.2d 1299Docket: No. 59

Court: Court of Appeals of Maryland; February 10, 1989; Maryland; State Supreme Court

Narrative Opinion Summary

The case addresses the petition of an adopted individual seeking access to her sealed adoption file to obtain information about her natural parents, citing psychological impacts due to the lack of knowledge about her origins. The petitioner requested various non-identifying details and sought court appointment of an investigator to locate her natural parents. Judge Mitchell denied the petition without a hearing, adhering to Maryland law that restricts access to information that could indirectly reveal the identities of natural parents. The petitioner appealed, resulting in the Court of Special Appeals issuing a writ of certiorari. The trial court applied the statute relevant to post-1947 adoptions, as the decree was mistakenly believed to be post-June 1, 1947, although the actual date was 1944. The court upheld the denial of access to an unrelated record and affirmed the judgment with costs. The Maryland Code's Mutual Consent Voluntary Adoption Registry provides a mechanism for voluntary information disclosure, and the Circuit Court authorized the Department of Social Services to access the correct file for matching purposes. The case highlights the tension between sealed adoption records and adoptees' rights to personal information, within the framework of state policy and statutory guidelines.

Legal Issues Addressed

Denial of Intermediary Appointment in Adoption Cases

Application: The denial of the petitioner's request for an intermediary lacked further justification, as the court did not need to decide on the intermediary's appointment or authority.

Reasoning: The case does not require a decision on the appointment of an intermediary or the authority of the Social Services Administration to contact unregistered natural parents.

Judicial Authority on Adoption Records Pre-1947

Application: The trial court determined the adoption decree was issued post-June 1, 1947, thus applying the relevant statute for sealed records, although the actual decree date was 1944.

Reasoning: The trial judge inspected the file, confirmed the decree was post-June 1, 1947, and applied the relevant statute accordingly.

Sealed Adoption Records Access under Maryland Law

Application: The court applied the statute governing post-1947 adoption records, which permits access only by court order and prohibits revealing identifying information about natural parents.

Reasoning: However, Judge John J. Mitchell denied the petition without a hearing, citing that releasing the requested information could indirectly reveal the identities or locations of her natural parents, in accordance with Maryland law that prohibits such disclosures.

Voluntary Adoption Registry

Application: The petitioner could access information through the Voluntary Adoption Registry, which facilitates voluntary disclosure without revealing identities.

Reasoning: The Maryland Code establishes a Mutual Consent Voluntary Adoption Registry for voluntary disclosure of information among natural parents, adoptees, and siblings over 21.