SURROGATE’S COURTSurrogate Lopez TorresIN THE MATTER OF THE ADOPTION OF A CHILD LAURIE ANN GIANGRANDE WEIGEL, F/K/A LAURIE ANN FANTOZZI, Petitioner (67/20409) — Before the Court is an uncontested application by Laurie Ann Giangrande Weigel, f/k/a Laurie Ann Fantozzi (the petitioner), a fifty-year-old woman, to unseal her adoption records on the basis of “good cause” pursuant to the provisions of DRL §114 (2). The petitioner asserts that the “good cause” alleged as grounds for granting the relief requested is medical necessity. DRL §114(4).The petitioner asserts that she is seeking to contact her biological parents and obtain “all medical and genetic information to determine if my family line is predisposed to heart issues, hypertension, cancer and other diseases presently unknown” to the petitioner. She also asserts that granting access to the sealed records will “satisfy [her] natural curiosity concerning [her] roots and heritage.” She further asserts that her belief that her biological parents “would not object to full disclosure.” The petitioner argues that a denial of her request is a violation of her equal protection rights guaranteed under the 14th Amendment of the United States Constitution.Adoption records are sealed pursuant to DRL §114 to protect and ensure the confidentiality that is “vital to the adoption process.” Matter of Hayden, 106 Misc. 2d 849, 850 (Sup. Ct. New York County 1981). “The sealing of adoption records exists in large part to maintain the anonymity of the natural parents and it must be presumed that it is in their interest to keep the records sealed.” Id. at 851 — 852. Their “continued anonymity…is the underpinning of [DRL §114] and must be presumed to be the desire of the natural parents.” Id. The petitioner’s assertion that her biological parents “would not object” to the relief requested is unpersuasive, as mere conjecture.Regarding the purported medical necessity of the requested relief, adoption records may be unsealed upon a demonstration of “good cause” pursuant to DRL §114(4). It is the petitioner’s burden to demonstrate medical necessity, such as providing “a certification from a physician…stating that the records are required to address a serious physical or mental illness.” Matter of Sheera T., 2017 NYLJ 3252, (Surr. Ct. Bronx County 2017). See also; Matter of Anne M.M.W., 43 Misc.3d 1209(A), 2013 NY Slip Op 52306 [U] (Surr. Ct. Nassau County 2013). However, the medical and psychological needs must rise above “mere curiosity.” Golan v. Louise Wise Services, 69 N.Y. 2d 343, 346 (1987). “To conclude that mere curiosity as to one’s natural forebears constitutes good cause within the framework of section 114 of the Domestic Relations Law would render the clear import of the statute meaningless.” Matter of Linda F.M., 95 Misc 2d 581, 589 (Surr. Ct. Bronx County 1978), aff’d 72 A.D.2d 734 (1st Dep’t 1979), aff’d 52 N.Y. 2d 236 (1981), appeal dismissed sub nom. Mason v. Abrams, 454 U.S. 806 (1981).The petitioner asserts that she requires the identity of her biological parents in order to address medical or psychological issues to which she may be predisposed. She proffers a brief affidavit from her personal physician, which states that the petitioner is being treated “for various and serious health issues, which concern her, i.e., hypertension, orthopedic and vascular problems.” The treating physician avers that information concerning the identity of the petitioner’s biological parents “will be of valuable assistance and will be most preemptive (sic) in her future health problems.” “A present need sufficient to sustain good cause has been found when the evidence has shown that access was necessary for a current medical or genetic reason.” Matter of Linda F.M., supra, at 587. The affidavit of the petitioner’s personal physician fails to provide specific details regarding the petitioner’s current health needs or required treatments, speculating only as to the potential usefulness of biological information to the petitioner’s future needs.The petitioner’s mere curiosity about the impact of her biological origins on managing her health in the future is insufficient to overcome the statutory mandate of confidentiality. See generally Matter of Wilson, 153 A.D.2d 748 (2d Dep’t 1989). Further, her assertion that denial of access to the sealed records is a violation of her equal protection rights is unpersuasive. “There have been challenges to the power of New York State to seal adoption records, but the courts have determined that these statues are not in violation of the equal protection clause of the 14th Amendment and are constitutional.” Matter of B.F., 25 Misc. 3d 1216 (A) (Surr. Ct. Nassau County 2009).Accordingly, the petitioner having failed to establish good cause on medical brounds to support her application, her petition to unseal her adoption records is denied.This constitutes the decision and order of the Court.Date: March 22, 2018Brooklyn, New YorkSurrogate Lopez TorresGuardianshipOrder signed; – Estate of Amari K. Campbell; Order signed; – Estate of Amari K. Campbell; Decree signed; -Guardianship of Cynai Taje Glover Thompson ; Decree signed; -Guardianship of Taj William White; Decree signed; -Guardianship of Kaylon Dwayne Saleem Walters AccountingOrder signed; – Estate of John Mooney MiscOrder signed; – Estate of Evelyn Senior ; Decree signed; – Estate of Rheushawn Bennett ProbateDecree signed; – Estate of Marc Ferdinand; Decree signed; – Estate of Catherine Bogaerts; Decree signed; – Estate of Elaine Berger; Decree signed; – Estate of Abraham Laniado; Decree signed; – Estate of Abraham Laniado; Decree signed; – Estate of Colleen McGowan; Decree signed; – Estate of Anthony Perrotti; Decree signed; – Estate of Verona Miles; Decree signed; – Estate of Victoria Balsamo; Decree signed; – Estate of Colleen McGowan; Decree signed; – Estate of Carol Hoffman Wood; Decree signed; – Estate of Isaac Lemel; Decree signed; – Estate of Symcha B. Nadborny; Decree signed; – Estate of Michel Leifer; Decree signed; – Estate of Philip Ort Acting Surrogate IngramAdministrationOrder signed; – Estate of Cynthia Flavigny; Order signed; – Estate of Maria Prestia; Order signed; – Estate of Ricardo Garcia Sr; Decree signed; – Estate of Russel Johnson; Decree signed; – Estate of Shiro Nagai; Decree signed; – Estate of Teddy Greenstein; Decree signed; – Estate of Frances Kent; Decree signed; – Estate of Sheldon Silverstein; Decree signed; – Estate of Gloria Lemoine AccountingOrder signed; – Estate of Albert Cabbad; Order signed; – Estate of Albert Cabbad; Order signed; – Estate of Marvin Sorscher; Order signed; – Estate of Sylvia Sorscher; Order signed; – Estate of Selma B Glassman; Order signed; – Estate of Tony Venti; Order signed; – Estate of Selma B Glassman MiscOrder signed; – Estate of Leysnal Maitland; Order signed; – Estate of Ita Kaliku; Order signed; – Estate of Cynthia Flavigny; Order signed; – Estate of Josephine English; Order signed; – Estate of Mayville Collymore-Vedrine; Order signed; – Estate of Reginald Steadman; Order signed; – Estate of Lillian Venezia ProbateOrder signed; – Estate of Kenneth A. Bielitz; Order signed; – Estate of Clerene S. Welch; Order signed; – Estate of Frances Colombo; Order signed; – Estate of Salvatore Corrado; Order signed; – Estate of Saul Goldhamer; Order signed; – Estate of Sheila Metling; Order signed; – Estate of Josephine English; Decree signed; – Estate of Magdalina Basch; Decree signed; – Estate of Magdalina Basch; Decree signed; – Estate of Magdalina Basch; Decree signed; – Estate of Magdalina Basch; Decree signed; – Estate of Magdalina Basch; Decree signed; – Estate of Magdalina Basch; Decree signed; – Estate of Magdalina Basch; Decree signed; – Estate of Magdalina Basch; Decree signed; – Estate of Magdalina Basch
