Christine, In re, 78-68-M
| Citation | 121 R.I. 203,397 A.2d 511 |
| Decision Date | 05 February 1979 |
| Docket Number | No. 78-68-M,78-68-M |
| Parties | In re CHRISTINE. P. |
| Court | Rhode Island Supreme Court |
Children's Friend and Service is a nonprofit Rhode Island corporation whose many community services include acting as an agency whereby children committed to its care and custody can be placed with and ultimately adopted by suitable individuals. At the instigation and request of Children's Friend and Service, we have issued our common-law writ of certiorari so that we may review an order of the Family Court which authorizes a guardian ad litem to examine certain adoption records for the purpose of determining the names and last known address of a married couple who had employed Children's Friend and Service some 10 years ago in adopting Christine's daughter. The order permits the guardian to contact the adoptive parents and determine if they have any objections to Christine's contacting the child. 1 Hereinafter we shall refer to Children's Friend and Service as "the agency."
The record indicates that during the final weeks of her pregnancy Christine, single and a minor at that time, met with representatives of the agency to discuss placement of the child for adoption. Shortly after the child's birth, both Christine and her father gave their written consent to any forthcoming adoption. Christine has not seen her daughter since Christine left the maternity ward a little more than 11 years ago. However, she has corresponded with the agency and the Family Court on numerous occasions, seeking information about the child's welfare and asking that she be given an opportunity to visit the child. The trial justice Sua sponte treated her communications as a petition for release of the names and address of the adoptive parents.
At a January 25, 1978, hearing in the Family Court, Christine was the only witness. She made clear that she was in no way seeking to void the adoption. Rather, she sought the permission of the adoptive parents to see and, if possible, visit the child. The trial justice recognized that by law, adoption proceedings are confidential. However, he alluded to the tremendous compelling desire of any parent to know the whereabouts of his or her child. Accordingly, he considered his order as a proper balancing of the respective interests of the three real parties to an adoption proceeding; namely, the natural mother, the adoptive parents, and the child. We have issued a stay of the Family Court's order pending a determination of the agency's petition.
In this jurisdiction, because of the relevant portions of G.L.1956 (1969 Reenactment) §§ 8-10-21 and 14-1-5, the records of an adoption proceeding shall "not be available for public inspection unless the court shall otherwise order." Thus, in this proceeding the issue to be resolved is whether or not a natural mother's desire to contact her child's adoptive parents with the hope of seeing the child constitutes "good cause" for the lifting of the confidentiality curtain which envelops a Family Court adoption proceeding. We do not believe it does. Our conclusion comes after a considered and deliberate examination of the purposes of the adoption process as they manifest themselves in the pertinent statutes.
At common law adoption was unknown. Union Trust Co. v. Campi, 51 R.I. 76, 81, 151 A. 131, 133 (1930). Adoption and its legal consequences are purely statutory in origin, and this court has spoken of the number of changes brought about by the adoption process established by our Legislature, changes which, we have said, affect "the entire fabric of our society." In re Adoption of Minor Child, 109 R.I. 443, 449-50, 287 A.2d 115, 118 (1972). Among such changes are the removal of the stain of illegitimacy, because the child now bears the adoptive parents' surname, and the formation of a new family unit, with the consequence that the child is now deemed to be the heir of his or her new parents. Furthermore, the adoptors, having demonstrated an ability to care for their charge, have voluntarily assumed a duty to support that can carry with it a price tag running into the thousands of dollars. The natural parents can now abide with their decision and hopefully make a proper social adjustment.
Obviously, the legislative purpose is to create a stable environment in which the child can grow and develop into a healthy and productive member of society. We believe that the preservation of the statutory shield of...
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Roger B., In re
...1203; Mills v. Atlantic City Department of Vital Statistics (1977), 148 N.J.Super. 302, 311, 372 A.2d 646, 651. See In re Christine (1979), R.I., 397 A.2d 511, 513.) In Application of Maples, the Missouri Supreme Court "(T)he state at the behest of those concerned undertook through the adop......
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Roger B., Matter of
...from interference by the natural parents in raising the child and facilities the formation of an integrated family unit. (In re Christine (R.I.1979), 397 A.2d 511; In re Spinks (1977), 32 N.C.App. 422, 232 S.E.2d The confidential nature of the adoption also functions to protect the adoptee ......
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Assalone, In re, 85-419-A
...shield benefits all persons in the adoption triangle: the child, the natural parents, and the adoptive parents. In re Christine, 121 R.I. 203, 206, 397 A.2d 511, 512-13 (1979). The Legislature has given the court authority to issue an order providing access to the records, and the discretio......
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In re Philip S., 2004-342-Appeal.
...is permitted only pursuant to a court order, and such an order is issued only upon a showing of good cause. In re Christine, 121 R.I. 203, 207, 397 A.2d 511, 513 (1979). Moreover, we have expressly held that "[t]he one seeking access to the information * * * bears a heavy burden in establis......