In Re Roger B.

418 N.E.2d 751, 84 Ill. 2d 323, 49 Ill. Dec. 731, 1981 Ill. LEXIS 253
CourtIllinois Supreme Court
DecidedMarch 18, 1981
Docket53796
StatusPublished
Cited by25 cases

This text of 418 N.E.2d 751 (In Re Roger B.) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Roger B., 418 N.E.2d 751, 84 Ill. 2d 323, 49 Ill. Dec. 731, 1981 Ill. LEXIS 253 (Ill. 1981).

Opinion

MR. JUSTICE MORAN

delivered the opinion of the court:

The circuit court of Cook County dismissed the amended petition of plaintiff, Roger B., which sought a judgment declaring section 18 of the Adoption Act (Section) (Ill. Rev. Stat. 1977, ch. 40, par. 1522) unconstitutional. That statute places adoption records and original birth records under seal. The appellate court, in a two-to-one decision, affirmed. 85 Ill. App. 3d 1064.

Plaintiff argues before this court that the Section is invalid in that it (1) infringes upon a fundamental right, (2) creates a suspect classification, in violation of the equal protection clause of the United States Constitution, and (3) violates plaintiff’s right to receive information.

The facts are uncontradicted. Plaintiff, who was born in 1949, filed an amended petition in the circuit court, asserting that his status as an adult adoptee who had feelings of inadequacy and uncertainty as to his background permitted access to his adoption records. Alternatively, plaintiff alleged that the Section is unconstitutional. At the hearing, plaintiff testified that he had been searching for his biological family for three years. Plaintiff regarded himself as “emotionally, physically, and financially comfortable.” He testified that his search was not based on any psychiatric or medical need. Rather, the search emanated from plaintiff’s desire to know “information which pertains to [him] as a person.” The trial court upheld the validity of the statute. It also found that the statute requires a showing of good cause, which plaintiff failed to establish. The appellate court affirmed, upholding the constitutionality of the Section. The court also held that adulthood, in and of itself, does not constitute good cause to allow access to sealed adoption records.

The Section provides in pertinent part:

“Upon motion of any party to an adoption proceeding the court shall, or upon the court’s own motion the court may, order that the file relating to such proceeding shall be impounded by the clerk of the court and shall be opened for examination only upon specific order of the court, which order shall name the person or persons who are to be permitted to examine such file.” (Ill. Rev. Stat. 1977, ch. 40, par. 1522.)

A companion statute, sections 17(2)(a) and 17(4) of the Vital Records Act (Ill. Rev. Stat. 1977, ch. 111½, par. 73 — 17), provides that, after an adoption, the original birth certificate shall be sealed from inspection except upon court order.

Neither party disputes the trial court’s finding that the statutory scheme allows the records to be unsealed upon a showing of good cause. The statute, unlike those of several other States (e.g., New York Dom. Rel. Law sec. 114 (McKinney 1977)), does not explicitly provide a good-cause standard. However, the legislature has given the court authority to issue an order providing access to the records. Although we find no Illinois cases interpreting the standard to be applied, we agree that the discretion conferred by the statute was intended to be exercised upon a showing of good cause.

Plaintiff contends that the right to know his own identity is a fundamental right. He argues that the Section infringes upon this right without serving a compelling State interest, thereby violating the equal protection clause of the Federal Constitution. Plaintiff maintains that the right to determine one’s natural identity finds its basis under one’s right to privacy. He relies on several Supreme Court cases involving familial relationships, rights of family privacy, and freedom to marry and reproduce: Roe v. Wade (1973), 410 U.S. 113, 35 L. Ed. 2d 147, 93 S. Ct. 705 (woman’s right to terminate her pregnancy); Eisenstadt v. Baird (1972), 405 U.S. 438, 31 L. Ed. 2d 349, 92 S. Ct. 1029 (matters involving contraception); Loving v. Virginia (1967), 388 U.S. 1, 18 L. Ed. 2d 1010, 87 S. Ct. 1817 (freedom to marry); Prince v. Massachusetts (1944), 321 U.S. 158, 88 L. Ed. 645, 64 S. Ct. 438 (matters involving child rearing); Skinner v. Oklahoma ex rel. Williamson (1942), 316 U.S. 535, 86 L. Ed. 1655, 62 S. Ct. 1110 (the right to procreate).

These cases concern the most intimate areas of personal and marital privacy. The Supreme Court has been very hesitant in expanding the list of fundamental rights. (San Antonio Independent School District v. Rodriquez (1973), 411 U.S. 1, 29-33, 36 L. Ed. 2d 16, 40-43, 93 S. Ct. 1278, 1294-97.) In San Antonio, the Supreme Court, holding that the right to education is not a fundamental right, stated, “It is not the province of this Court to create substantive constitutional rights in the name of guaranteeing equal protection of the laws.” (411 U.S. 1, 33, 36 L. Ed. 2d 16, 43, 93 S. Ct. 1278, 1297.) The court indicated that the key to discovery if a right is fundamental “lies in assessing whether there is a right [that is] explicitly or implicitly guaranteed by the Constitution.” (411 U.S. 1, 33-34, 36 L. Ed. 2d 16, 43, 93 S. Ct. 1278, 1297; see Dandridge v. Williams (1970), 397 U.S. 471, 485, 25 L. Ed. 2d 491, 502, 90 S. Ct. 1153, 1161 (the recognition of the fact that the administration of public welfare assistance involves the most basic economic needs of impoverished human beings did not render it a fundamental right).) We have found no case holding that the right of an adoptee to determine his genealogical origin is explicitly or implicitly guaranteed by the Constitution. Several courts, however, have found that the right asserted here is not a fundamental right. Alma Society, Inc. v. Mellon (2d Cir. 1979), 601 F.2d 1225, 1231-33; Application of Maples (Mo. 1978), 563 S.W.2d 760, 762-64; Mills v. Atlantic City Department of Vital Statistics (1977), 148 N.J. Super. 302, 309-10, 372 A.2d 646, 650.

In Alma Society, Inc. v. Mellon, the plaintiff adoptees similarly claimed that a statute allowing the seating of adoption records, unless good cause is shown, violated their fundamental right to “personhood.” The court upheld the statute, concluding that the right to unseal birth records does not come within any recognized category of privacy. After examining two Supreme Court cases, Quilloin v. Walcott (1978), 434 U.S. 246, 54 L. Ed. 2d 511, 98 S. Ct. 549 (upholding a Georgia statute allowing adoption of an illegitimate child without the father’s consent), and Zablocki v. Redhail (1978), 434 U.S. 374, 54 L. Ed. 2d 618, 98 S. Ct.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Belden v. Cabinet for Families & Children
488 S.W.3d 45 (Court of Appeals of Kentucky, 2016)
In re the Adoption of Infant Sherman
48 V.I. 221 (Superior Court of The Virgin Islands, 2007)
In Re the Adoption of S.J.D.
641 N.W.2d 794 (Supreme Court of Iowa, 2002)
Jackson v. Tangreen
18 P.3d 100 (Court of Appeals of Arizona, 2000)
In re J.D.
317 Ill. App. 3d 419 (Appellate Court of Illinois, 2000)
Griesmeyer v. LaRosa
707 N.E.2d 72 (Appellate Court of Illinois, 1998)
In re Parentage of Hriesmeyer
Appellate Court of Illinois, 1998
Jenkins v. Leininger
659 N.E.2d 1366 (Appellate Court of Illinois, 1995)
Vest v. State Ex Rel. New Mexico Human Services Department
866 P.2d 1175 (New Mexico Court of Appeals, 1993)
People v. Gore
571 N.E.2d 1041 (Appellate Court of Illinois, 1991)
Bente v. Hill
596 N.E.2d 1042 (Ohio Court of Appeals, 1991)
Bush v. Squellati
506 N.E.2d 972 (Appellate Court of Illinois, 1987)
People v. Golden
498 N.E.2d 370 (Appellate Court of Illinois, 1986)
In Re TG
498 N.E.2d 370 (Appellate Court of Illinois, 1986)
In Re Assalone
512 A.2d 1383 (Supreme Court of Rhode Island, 1986)
Niven v. Siqueira
487 N.E.2d 937 (Illinois Supreme Court, 1985)
Backes v. Catholic Family & Community Services
509 A.2d 283 (New Jersey Superior Court App Division, 1985)
Lingwall v. Hoener
483 N.E.2d 512 (Illinois Supreme Court, 1985)
People v. Kaeding
456 N.E.2d 11 (Illinois Supreme Court, 1983)
In Re Estate of Orzoff
452 N.E.2d 82 (Appellate Court of Illinois, 1983)

Cite This Page — Counsel Stack

Bluebook (online)
418 N.E.2d 751, 84 Ill. 2d 323, 49 Ill. Dec. 731, 1981 Ill. LEXIS 253, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-roger-b-ill-1981.