In re Petition to Release Adoption Records Pursuant to 23 Pa.C.S. 2905

653 A.2d 1254, 439 Pa. Super. 273, 1995 Pa. Super. LEXIS 131
CourtSuperior Court of Pennsylvania
DecidedJanuary 31, 1995
StatusPublished
Cited by3 cases

This text of 653 A.2d 1254 (In re Petition to Release Adoption Records Pursuant to 23 Pa.C.S. 2905) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Petition to Release Adoption Records Pursuant to 23 Pa.C.S. 2905, 653 A.2d 1254, 439 Pa. Super. 273, 1995 Pa. Super. LEXIS 131 (Pa. Ct. App. 1995).

Opinions

WIEAND, Judge:

In this appeal from an order furnishing limited information to an adoptee pursuant to 23 Pa.C.S. § 2905(b), we are asked to decide whether additional information could have been disclosed without endangering the anonymity of the biological parents.

Joann Lehman, having been born on January 25, 1958, was adopted by Robert and Marjorie Lehman by decree entered April 4, 1962, in the Orphans’ Court of Westmoreland County. When she subsequently was married, she took the name of her husband and became known as Jo Ann Kasparek.

On February 11, 1994, Jo Ann Kasparek filed a petition requesting that the Court release all information regarding her adoption which would not reveal the identity of her birth parents. The court made an in camera review of the record in the adoption case and, by order dated February 11, 1994, divulged the following information:

1. That the Petitioner’s natural mother was twenty-one (21) years old at the time of the adoption and was a member of the Catholic church; and
2. That the Petitioner’s natural father was over the age of twenty-one at the time of the adoption and was a member of the Presbyterian church.

To disclose any further information, the court held, would endanger the anonymity of the biological parents. Kasparek appealed. She contends that additional information can be released without endangering the anonymity of her biological parents.

“Generally, an appeal will only be permitted from a final order unless otherwise permitted by statute or rule of court.” Foflygen v. R. Zemel, M.D. (PC), 420 Pa.Super. 18, 28, 615 A.2d 1345, 1350 (1992), allocatur denied, 535 Pa. 619, 629 A.2d 1380 (1993). See also: Jenkins v. Hospital of Medical College of Pennsylvania, 535 Pa. 252, 259, 634 A.2d 1099, 1102 (1993); Adoption of G.M., 484 Pa. 24, 27, 398 A.2d 642, 643 (1979); Appeal of Gannon, 428 Pa.Super. 349, 360, 631 A.2d 176, 181 (1993). “A final order is one which ends the litigation or, alternatively, disposes of the entire case.” Schwartz v. Schwartz, 411 Pa.Super. 282, 284, 601 A.2d 349, 351 (1992). See also: Jenkins v. Hospital of Medical College of Pennsylvania, supra at 259, 634 A.2d at 1102; T.C.R. Realty, Inc. v. Cox, 472 Pa. 331, 337, 372 A.2d 721, 724 (1977); In Interest of K.B., 432 Pa.Super. 586, 589, 639 A.2d 798, 800 (1994). The appealability of an order goes to the jurisdiction of the court and may be raised by the court sua sponte. See: Weir v. Weir, 428 Pa.Super. 515, 519-520, 631 A.2d 650, 652 (1993); Fetter v. Schwartz, 412 Pa.Super. 152, 153-154, 602 A.2d 1354, 1355 (1992); Drohan v. Sorbas, Inc., 401 Pa.Super. 29, 34, 584 A.2d 964, 966 (1990); Jonas v. Wiesmeth Const. Co., 360 Pa.Super. 173, 176, 520 A.2d 40, 41 (1987). The trial court’s order disclosing limited information regarding appellant’s adoption effectively ended the litigation in the trial court with respect to appellant’s petition and prevented the disclosure of further information. We conclude, therefore, that the order was final for purposes of appeal.

[1256]*1256The Pennsylvania Adoption Act, 23 Pa.C.S. § 2101 et seq., provides generally that adoption records shall be “withheld from inspection except on an order of court granted upon cause shown”. 23 Pa.C.S. § 2905(a). On December 12, 1984, Section 2905 of the Act was amended to provide, in part, as follows:

(b) Petition to court for limited information. — Upon petition by any adoptee at least 18 years of age or, if less than 18, his adoptive parent or legal guardian to the court in the judicial district in which the permanent records relating to the adoption have been impounded, the court shall furnish to the adoptee as much information concerning the adoptee’s natural parents as will not endanger the anonymity of the natural parents. The information shall first be reviewed, in camera, by the court to insure that no information is revealed which would endanger the anonymity of the natural parents. The court shall, upon motion of the adoptee, examine the entire record to determine if any additional information can safely be revealed without endangering the anonymity of the natural parents.

23 Pa.C.S. § 2905(b).

“The object of all interpretation and construction of statutes is to ascertain and effectuate the intention of the General Assembly. Every statute shall be construed, if possible, to give effect to all its provisions.” 1 Pa.C.S. § 1921(a). See also: Cherry v. Pa. Higher Educ. Assistance, 537 Pa. 186, 189, 642 A.2d 463, 465 (1994); Hatfield v. Continental Imports, Inc., 530 Pa. 551, 560-561, 610 A.2d 446, 450-451 (1992); Gutman v. Worldwide Ins. Co., 428 Pa.Super. 309, 313, 630 A.2d 1263, 1265 (1993); Bankers Trust Co. v. Foust, 424 Pa.Super. 89, 96, 621 A.2d 1054, 1058 (1993), allocatur denied, 535 Pa. 635, 631 A.2d 1007 (1993). “When the words of a statute are clear and free from all ambiguity, the letter of it is not to be disregarded under the pretext of pursuing its spirit.” 1 Pa.C.S. § 1921(b). See also: Walker v. Fennell, 426 Pa.Super. 469, 472, 627 A.2d 771, 773 (1993); Coy v. Ford Motor Credit Co., 422 Pa.Super. 76, 80, 618 A.2d 1024, 1026 (1993); Commonwealth v. Reeb, 406 Pa.Super. 28, 32, 593 A.2d 853, 855 (1991), allocatur denied, 530 Pa. 665, 610 A.2d 45 (1992); Cooke v. Travelers Ins. Co., 350 Pa.Super. 467, 470, 504 A.2d 935, 936 (1986).

Adoption records were initially sealed to protect the best interests of the adoptee. At least during the adoptee’s childhood, sealed records are generally considered by most authorities to be in the best interests of the adoptee. Some courts have found that the birth parents also have a constitutionally based privacy interest in keeping adoption records sealed. See: Mills v. Atlantic City Dept. of Vital Statistics, 148 N.J.Super. 302, 372 A.2d 646 (1977).

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653 A.2d 1254, 439 Pa. Super. 273, 1995 Pa. Super. LEXIS 131, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-petition-to-release-adoption-records-pursuant-to-23-pacs-2905-pasuperct-1995.