This is an application by the petitioner, the adoptee, for access to records contained in a sealed adoption file that he believes will be useful to him. In support of the application, the petitioner, who is now 75 years old, submits a copy of a certification of birth and avers that both his adoptive parents are deceased and biological parents are now over the age of 100 and presumed to be deceased. In his petition, the adoptee alleges that he seeks to ascertain his birth name and the identities of his birth parents so that he and his children may know their background and contact biological relatives. At the insistence of his family, he obtained a non-identifying information report from the New York Department of Health and conducted DNA tests which enabled him to contact presumed cousins. He urges that he needs to obtain information about his background to afford a “wonderful legacy to leave my son and grandchildren.” In further support, he submits a letter from an attorney stating that he has known the adoptee, who is an upstanding member of the community, for many years and knows “the release of this information will mean a great deal to him.” The sealing of adoption records has been mandated in New York State for over 60 years, and the courts previously had discretion to seal these records (see Matter of Linda F. M. 52 NY2d 235 [1981], appeal dismissed 454 US 806 [1981]). However, adoption records may be unsealed for good cause (see DRL §114 [2], [4]) such as demonstrating medical necessity accompanied by a certification from a physician licensed to practice medicine in New York State that the records are required to address a serious physical or mental illness, upon due notice to the adoptive parents and to such additional persons as the court may direct (see Matter of Zalkind and Sara, NYLJ, Sept. 24, 2014 at 22, col 5 [Sur Ct, Bronx County 2014], affd Matter of Zalkind T. [Yeager], 140 AD3d 675 [1st Dept 2016]); Matter of Anne M. M. W., 43 Misc 3d 1209 [A]. 2013 NY Slip Op 52306 [U] [Sur Ct, Nassau County 2013]; Matter of Peter B., 12 Misc 3d 1184 [A] [Sur Ct, Nassau County 2006]). Good cause was also shown for the purpose of applying for Turkish citizenship after a close relationship was established with the birth mother (see Matter of S.P., NYLJ, May 13, 2010 at 38, col 3 [Sur Ct, Bronx County 2010]), or to establish membership in an Indian tribe (see Matter of Merri H. F., NYLJ, May 27, 2005 at 5, col 1 [Sur Ct, Kings County 2005]). No good cause warranting unsealing was found for the purpose of ascertaining the identity of biological relatives (see DRL §114 [4]; Matter of Linda F. M., 52 NY2d at 240 [1981]; Matter of Chattman, 57 AD2d 618 [2d Dept 1977]; Matter of Theodore, NYLJ, June 15, 2012 at 22, col 4 [Sur Ct, New York County 2012]), the birth mother’s religion or heritage (see Matter of Alicia L. L. T., 38 Misc 3d 966 [Sur Ct, Nassau County 2012]), or general curiosity about ancestry and background (see Matter of M. F., NYLJ, Sept. 9, 2006 at 46, col 5 [Sur Ct, Kings County 2006]). In weighing the request for disclosure against the privacy interests at stake in the case at bar, the petitioner must spell out a “concrete and compelling need that is credibly connected to the adoptee’s lack of knowledge of his parentage” (see Matter of Zalkind and Sara, NYLJ June 15, 2012 at 22; Matter of Theodore, NYLJ, June 15, 2012, at 22, col 4). Where, as here, there are no compelling medical reasons presented accompanied by a medical certification or any other reason other than to enable the adoptee to obtain additional background information in order to contact presumed relatives, good cause has not been demonstrated. Accordingly, the application is denied. The Chief Clerk shall mail a copy of this decision, which constitutes the order of the court, to the petitioner.
