The adoptee, who was adopted in 1964, petitions for access to records contained in a sealed adoption file that he believes will be useful to him in securing his rights as a Turkish national under the laws of the Republic of Turkey. In 2004, the petitioner obtained the identity of his biological mother from the New York State Adoption Registry. The petitioner established a close relationship with his birth mother, a citizen of Turkey, who plans to retire there. In order to facilitate frequent visits with his biological mother in Turkey, he needs documents to establish his Turkish lineage. In support of his application, the petitioner submits the affidavit of his biological mother who consents to the unsealing of the adoption records. He also submits certified copies of his post-adoption birth certificate, and death certificates for his adoptive parents.

Adoption records may be unsealed for good cause (see Domestic Relations Law § 114 [2]). While medical necessity has been held to constitute good cause (see Domestic Relations Law § 114 [4]; Matter of Chattman (Bennett), 57 AD2d 618 [1977]), a petition for access to adoption records may be granted for other reasons, upon notice to the adoptive parents and to such additional persons as the court may direct (see Domestic Relations Law § 114 [2]; Matter of Victor M.I. I., 23 Misc 3d 1103 [A]; 2009 NY Slip Op 50557 [U]). The reason advanced by the petitioner for obtaining access to the adoption file, i.e., to establish lineage in order to obtain citizenship in Turkey, where his biological mother indicates she plans to relocate, constitutes such good cause (see Matter of Victor M.I.I., 23 Misc 3d at 1103 [A]).

Based upon this state of the record, the court reviewed the adoption records to ascertain both whether the file contains any reference to the identity of the biological mother, and whether there is anyone else who should receive notice of the application. The only document in the file which references the identity of the biological mother is a copy of the petitioner's pre-adoption birth certificate. The birth father is not named on the birth certificate. Furthermore, the file does not contain any information that either identifies the father or would assist in ascertaining the father's identity.

Accordingly, as the death certificate for each adoptive parent was furnished, the [*2]identity of the biological father is unknown and the biological mother supports the application, the court concludes that there are no other interested parties who are entitled to notice of the application. Furthermore, as a copy of the petitioner's pre-adoption birth certificate is requested for a legitimate purpose and does not contain any information that is not already known to the petitioner, the application is granted to the extent that the Chief Clerk will provide the petitioner with a certified copy of the birth certificate containing the name of his biological mother.

This constitutes the decision and order of the court.



SURROGATE