Ohio - Adoption records

[trigueoh]

What is the name of your state (only U.S. law)? OHIO

My husband is trying to obtain information regarding his birthfamily. We petitioned the Probate Court for his adoption file and for his non identifying information. Yesterday we received a denial. Because his adoption was finalized after 1/1/64 they will not release any information.

According to Ohio Revised Code 3107.66, he is entitled to receive non identifying information. I called the court and asked about that and was told that was also denied.

What else can we do? Is there any way to force the court to release the information that should be released according to ORC 3107.66

Thanks

 

[ecmst12]

(E) An agency, attorney, person, or other governmental entity may classify any information described in division (B)(2) of section 3107.60 of the Revised Code as identifying information and deny the request made under division (B) or (C) of this section if the agency, attorney, court, person, or other governmental entity determines that the information could lead to the identification of the adoptive parent. This determination shall be done on a case-by-case basis.

Perhaps this is the reason?

Source: http://codes.ohio.gov/orc/3107.66

 

[trigueoh]

Perhaps this is the reason?

Source: http://codes.ohio.gov/orc/3107.66

I'm not sure how that would apply since that citation refers to identification of the adoptive parent not the birthparent

 

[ecmst12]

Huh, so it does. Perhaps OhioGAL will be along to help you out, that was my best guess

 

[Ohiogal]

Identifying information of the child could be identifying information for the birth parent. They are not two different, or mutually exclusive, things necessarily.

 

[trigueoh]

Ok, so if that is the case. How would I go about challenging that decision?

 

[Proserpina]

Ok, so if that is the case. How would I go about challenging that decision?

Is the decision even appealable?

 

[Ohiogal]

Ok, so if that is the case. How would I go about challenging that decision?

You do not have standing to challenge the decision. Depending upon when the decision was made, your husband may be able to appeal to the court of appeals based on a mistake of LAW and support his position with proper caselaw.