Dennis X., the individual who was the subject of this agency adoption proceeding,

has made application for disclosure, access, or inspection of the record of the adoption

proceeding pursuant to Domestic Relations Law §114, "upon medical grounds" and "for good

cause other than medical grounds".

Specifically, Mr. X. requests disclosure, access, or inspection of the record of his

adoption because "I have a mental illness and no family and I see a psychiatrist and a therapist."^[FN1]

Mr. X. has appended a letter from his attending psychiatrist at Flushing Hospital Medical

Center, which states, in pertinent part, that Mr. X. has been a patient at the hospital's outpatient

clinic "since December 10, 2007" and that "[h]e was diagnosed with Major Depressive Disorder,

Recurrent with Psychotic Features . . . and Borderline Intellectual Functioning." The doctor

further states that Mr. X. receives weekly psychotherapy and that he has been prescribed

psychiatric medication.

The governing statute, Domestic Relations Law §114, provides in pertinent part, as

follows:

Such order and all the papers in the proceeding shall be filed in the office of

the court granting the adoption and the order shall be entered in books which

shall be kept under seal . . . [s]uch order, including orders heretofore entered,

shall be subject to inspection and examination only as hereinafter provided * * *

The written report of the investigation together with all other papers pertaining to

the adoption shall be kept by the judge or surrogate as a permanent record of his

court and such papers must be sealed by him and withheld from inspection

(Domestic Relations Law §114 [1]).

No person, including the attorney for the adoptive parents, shall disclose the

surname of the child directly or indirectly to the adoptive parents, except upon order

of the court. No person shall be allowed access to such sealed records and order and

ant index thereof except upon an order of a judge or a surrogate of the court in which

the order was made or of a justice of the supreme court. No order for disclosure or

access and inspection shall be granted except upon good cause shown and on due

notice to the adoptive parents and to such additional persons as the court may direct

(Domestic Relations Law §114 [2]).

Good cause for disclosure or access to and inspection of sealed adoption records

and orders and any index thereof, hereinafter the "adoption records", under this

section may be established on medical grounds as provided herein. Certification from

a physician licensed to practice medicine in the state of New York that relief under

this subdivision is required to address a serious physical or mental illness shall be

prima facie evidence of good cause. Such certification shall identify the information

required to address such illness * * * (Domestic Relations Law §114 [4]).

Secrecy and the maintenance of privacy have been hallmarks of our adoption statute

(Matter of Walker, 64 NY2d 354, 360; Golan v. Louise Wise Services, 69 NY2d 343, 346).

"Section 114 of the Domestic Relations Law places great emphasis on the confidential nature of

adoption records. The section provides that they shall be sealed and secret'. It prohibits anyone,

including the adoptive parents' attorney, from disclosing the child's original surname to the [*2]

adoptive parents. It authorizes punishment for contempt of court for certain breaches of

confidentiality occurring in the handling of adoption records. The section permits access to the

records only by court order on good cause shown and on due notice to the adoptive parents and

to such additional persons as the court may direct" (Matter of Linda F.M., 52 NY2d 236, 238-

239, app dismissed 454 US 806).

Domestic Relations Law §114 "expresses a public policy of this State which has evolved

over the years" (Matter of Walker at 360). The statute is based upon a recognition that "[a]ccess

to confidential adoption information may be inimical to the interests of the adoptive parents, the

biological parents and society. All have the strongest interest in the maintenance of anonymity

* * * The adoptive parents need to be shielded from interference with the adoptive relationship

by biological parents. Biological parents also must be assured that their privacy will not be

disturbed. Finally, society's interest in providing children with substitute families through the

adoption process, which may be damaged by disclosure, is of importance" (Golan at 346

[internal citations omitted]; see also, Linda F.M. at 239; Walker at 361).

While the statute permits the unsealing of and access to adoption records where there

is "good cause", essentially "medical grounds" (Domestic Relations Law §114 [4]), a showing of

good cause requires that the applicant seeking access and inspection of the records submit

certification from a New York physician establishing "that relief under this subdivision is

required to address a serious physical or mental illness" (id.). The rule allowing access to sealed

adoption records for medical treatment reasons is contrary to the general rule providing for

confidentiality, and the exception is to be strictly construed, as "[a] rule which automatically

gave full disclosure to any adopted person confronted with a medical problem with some genetic [*3]

implications would swallow New York's strong policy against disclosure as soon as adopted

people approached middle age" (Golan at 349; see also, Matter of Marino v. Department of

Health, 291 AD2d 849, 850).

In this case Mr. X., now age 35, has been diagnosed with Major Depressive Disorder,

Recurrent with Psychotic Features and Borderline Intellectual Functioning. Mr. X. receives

weekly psychotherapy as well as a course of pharmacological treatment from Flushing Hospital.

However, nothing in the letter from Mr. X.'s psychiatrist at Flushing Hospital states that the

unsealing and inspection of the adoption records is required in order "to address a serious

physical or mental illness" nor does the letter specify "the information required to address such

illness" (Domestic Relations Law §114 [4]). The absence of a medical affidavit or certification

setting forth the required information renders this application insufficient on its face, and requires

that the application be denied (Golan at 348; Matter of Donald W., 225 AD2d 701; Matter of

Craig J.S.J., 309 AD2d 1284; Matter of Michael Z., 38 AD3d 912, lv denied 8 NY3d 814;

Matter of Nan FF., 63 AD3d 1213, 1214; Matter of Timothy AA., 72 AD3d 1390, 1391).

Accordingly, it is hereby

ORDERED, that the application to unseal the adoption record is denied for the reasons

stated herein.

E N T E R:

________________________________

JOHN M. HUNT

Judge of the Family Court [*4]

Dated: Jamaica, New York

February 1, 2012