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Judge won’t unseal record

ProfilePosted byOptionsPost Date

Lynn

Lynn Report 25 May 2018 09:06

I have been helping my friend find out about her mum who when she died she found out was adopted. We applied to the local adoption agency to locate her mums real birth certificate and adoption file (I got my dads adoption file once he passed as I was next of kin ) after over a year they have replied to my friend stating
The judge at shoreditch court where her mum was adopted has denied unsealing the adoption file.
Any idea why ?
Can my friend contest this ?
My friends 50 her mum has passed I don’t see why she can’t get her real birth certificate etc

ErikaH

ErikaH Report 25 May 2018 09:17

You need proper legal advice on this

I doubt that anyone on here is qualified to answer your questions

One would imagine that the judge had compelling reasons for the decision he/she made.

Lynn

Lynn Report 25 May 2018 11:50

Thanks she is going to ask for the info so she can write direct and appeal to the judge
But as you say judge must have a good reason just very intriguing as to why when the person is no longer with us and was a very long time ago
I have joked she must be an illegitimate child of a noble man or royalty
But it is very frustrating for her not being able to get even her mums real name

Shirley~I,m getting the hang of it

Shirley~I,m getting the hang of it Report 25 May 2018 12:13

has she gone through an intermediary. seem to remember an adopted person has to so they can access their file. Realise it was her mum who was adopted but maybe thats a route too

Thought too that once the adopted person dies their records are sealed

What about relations to her adopted parents are they still alive and can maybe give some snippets of info

Shirley~I,m getting the hang of it

Shirley~I,m getting the hang of it Report 25 May 2018 12:25

wonder if she can try looking using her mums birth date

depending on the times sometimes a small s is added to the page nos of the gro record indicating adopted and only a small cert to be issued which doesnt show the mothers full name

she knows its possibly the london area and the birth date may help to identify the qtr of registration

ErikaH

ErikaH Report 25 May 2018 14:06

From the gov.uk site, published 25 Sept 2014

Children, grandchildren and other relatives of adopted adults can now trace back through their ancestors’ lives - helping them to unearth their family history, discover more about their medical background and reach out to long-lost relatives under new rules introduced today.

Previously, only the person adopted and their birth relatives were able to use specialised adoption agencies to help shed light on their family history and make contact with their biological family members.

The new rules will extend this right to all relatives of adopted adults, from children and grandchildren to partners and adoptive relatives, allowing greater openness in adoption while ensuring adopted people have the right to a private, family life.

For example, those who have lost a parent to cancer or a heart problem will be able to discover whether their grandparents or other birth relatives suffered from the same condition, giving them the chance to seek advice and support.

Children and Families Minister Edward Timpson, who has 2 adopted brothers, said:

It’s right that descendants and other relatives of adopted adults are able to access important information, such as medical records or genetic health conditions, which could impact upon how they live their life today.

They should also be able to find out about important events from their past, as well as make contact with family members if they wish.

This positive change will help thousands of people discover their place in history, while keeping important safeguards in place to protect the right to a private family life for those who were adopted.

Lynn

Lynn Report 25 May 2018 16:23

Thank you I got my dads after he died as he changed his mind when he was alive. Hence why I have helped my friend down this route for her hopes to be dashed as the judge has denied access. She has done this all via the Hertfordshire adoption team which is where we live. They have asked shoreditch courts for her mums adoption file as she don’t even have her mums real name. But the judge has refused to unseal the file.

Lynn

Lynn Report 25 May 2018 16:31

I can’t even locate a birth certificate for my friends mum in her adopted name I have her dob her parents names
I can find my friends grandparents wedding certificate I can find my friends mums wedding certificate and death certificate. But no birth certificate at all I’m stumped

Shirley~I,m getting the hang of it

Shirley~I,m getting the hang of it Report 25 May 2018 16:35

You won't find a birth cert in her adopted name that's a certificate given at the time of adoption

I was thinking more of trying to trace her birth name
Freebmd would be a good place to start and try looking in the qtrand year birth
As her adoption was in shoreditch it suggest she may have been local unless that's where the adopted parents lived

Just a maybe that may work


Seems strange if the judge won't open her file if it's now a right to Nok

Maybe there's something in it that he felt should be kept private

Even if they just gave her birth name it would be a start

AustinQ

AustinQ Report 25 May 2018 17:19

Sorry I have nothing to help, just wanted to say how very sad this is.

I believe we all should have the right to know where we came from. I understand that perhaps there could be information in the file that might cause some distress, but I had thought that is why people went through agencies, so that those agencies could offer on going help and support?

I think for the judge just to deny access, without further explanation is quite cruel, and leaves a lot more questions for the family member than when they started.

Can the Hertfordshire adoption team offer any explanation as to why the judge might refuse access? Did her Mum die from a medical condition that might be hereditary? Perhaps this is another avenue to pursue quoting the gov.uk information posted by Erika.

I hope your friend is able to get some answers.

Lynn

Lynn Report 25 May 2018 17:38

Yes she died from cancer but had other health issues my friend will ask for more info
From Hertfordshire team.
Thanks for all your help

AustinQ

AustinQ Report 25 May 2018 17:54

Lynn, I just had a thought- you don't say what year your friend's mother was born, is it possible the birth mother is still living? Just wondering if that could be a reason?

Kay????

Kay???? Report 25 May 2018 18:34


A uk judge has no authority to release any adoption details/file/records to anyone other than a local gov department as they (full files) are not held with a court.

Your friend can have limited information released (as of 2014 but first must go down the correct route.First contact is with Social Services Post Adoption.who will advise on approved intermediary.

Local SS to your friend can be a point of contact.

There will be costs involved for an approved agency fees.plus any other costs involved.


or write here where they have qualified staff to deal with such matters,but the process will be one of the same.but often as they deal with SS directly.


Adoptions Section
Room C202
General Register Office
Trafalgar Rd
Southport
PR8 2HH.

Lynn

Lynn Report 27 May 2018 20:42

Austin my friend is 50 her mum was 74 when she dies in 2005
So highly unlikely her real grandparents will still be alive
Kay she went through our local adoption/social services team she didn’t apply hersel

Kay????

Kay???? Report 27 May 2018 21:25


I dont know why a an application was made to a court as courts usually play no part in aquiring file information unless its for a legal reason.because the only thing thats held by them is the court approval grant allowing the adoption.all other file paperwork can be held in various places but usually within the locality where the application was made to place the child for adoption.

Why doesnt she ask the reasons why her application has been refused.?

Are the adoption details held in Shoreditch?

PatW

PatW Report 28 May 2018 21:10

Maybe the person who was adopted has had a note put in the records that they don’t want to receive any contact.from any of the birth relatives.

Kay????

Kay???? Report 28 May 2018 22:06

KJA,

In this situation that doesnt apply.

Elizabeth

Elizabeth Report 29 May 2018 00:30

did your friend apply for the records on the grounds she needed to trace any family medical problems, because that's why the new ruling was introduced. I really carn't see how he could refuse on those grounds. Also you can appeal the judges decision. I would get some advice from the legal profession

Lynn

Lynn Report 29 May 2018 16:49

Thank you everyone she is going to get further advice on this and pursue it further
Cheers