Roger B. v. People

407 N.E.2d 884, 85 Ill. App. 3d 1064, 41 Ill. Dec. 386, 1980 Ill. App. LEXIS 3185
CourtAppellate Court of Illinois
DecidedJune 25, 1980
Docket79-763
StatusPublished
Cited by9 cases

This text of 407 N.E.2d 884 (Roger B. v. People) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Roger B. v. People, 407 N.E.2d 884, 85 Ill. App. 3d 1064, 41 Ill. Dec. 386, 1980 Ill. App. LEXIS 3185 (Ill. Ct. App. 1980).

Opinions

Mr. JUSTICE McNAMARA

delivered the opinion of the court:

Petitioner, Roger B., appeals from an order of the circuit court of Cook County dismissing his amended petition to open sealed birth and adoption records. He raises several constitutional questions concerning the validity of the Illinois statute which places adoption records and original birth documents under seal. (Ill. Rev. Stat. 1977, ch. 40, par. 1522.) The pertinent facts are as follows.

Four adoptees filed petitions to review their sealed birth records. The trial court ruled that under the Illinois statute an adoptee could view original birth and adoption records only upon a showing of good cause. Petitioner filed an amended petition alleging that adulthood was of itself good cause and that the Illinois statutory scheme sealing adoption and original birth records from adult adoptees was unconstitutional. Neither side disputes the trial court’s finding that good cause is required to release adoption and birth records to an adoptee.

At the hearing, petitioner testified that he has been searching for his biological family and was aware that his natural mother had inquired about him approximately one year after his adoption. He did riot believe that he would be rejected by his natural parents, and he would leave them alone if they did not wish to see him. Petitioner regarded himself as emotionally stable and financially comfortable. His search was premised simply upon his desire to seek people related to him by blood.

Petitioner’s adoptive mother testified that she generally supported the petitioner and his search efforts. Petitioner’s sister, also an adoptee, testified that her search for her biological family had been successful. She currently enjoyed relationships with both her natural and adopted families.

At the conclusion of the hearing, the trial court ruled that petitioner’s adult status was insufficient to demonstrate good cause. Accordingly, the court denied petitioner’s request.

On appeal, petitioner contends that the Illinois statute violates his right to receive important information and his right to privacy; that his due process rights were violated; that he was denied equal protection of the laws; that the statute is violative of the ninth amendment; and that the trial court erred in not determining adulthood was of itself good cause to view original birth and adoption records.

Petitioner initially contends that the Illinois adoption statute violates his right to receive important information. While the Constitution protects the right to receive information and ideas (Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council, Inc. (1976), 425 U.S. 748, 48 L. Ed. 2d 346, 96 S. Ct. 1817; Kleindienst v. Mandel (1972), 408 U.S. 753, 33 L. Ed. 2d 683, 92 S. Ct. 2576), the first amendment does not guarantee a constitutional right of special access to information not available to the public generally (Branzburg v. Hayes (1972), 4Ó8 U.S. 665, 33 L. Ed. 2d 626, 92 S. Ct. 2646; Zemel v. Rusk (1965), 381 U.S. 1,14 L. Ed. 2d 179, 85 S. Ct. 1271). The right to receive information presupposes a willing speaker. Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council, Inc.

The right to receive information does not require the unwilling disclosure of nonpublic records simply because the adoptee desires its release. Nor can we consider the adoptee’s right to receive information absolute to the exclusion of the rights of others affected by disclosure. (Alma Society, Inc. v. Mellon (S.D.N.Y. 1978), 459 F. Supp. 912; Mills v. Atlantic City Department of Vital Statistics (1977), 148 N.J. Super. 302, 372 A.2d 646.) The information sought by petitioner is a product of the judicial process. (In re Maples (Mo. 1978), 563 S.W.2d 760.) The confidentiality of adoption records serves several purposes. By providing a statutory assurance of anonymity to the adoptee’s natural parents, confidentiality encourages the surrender of children for adoption and serves to protect the natural parents from public disclosure of a traumatic emotional event and the possible intrusion into their private life by the reappearance of a child given up years before. (In re Adoption of Female Infant (1979), 5 Earn. L. Rep. 2311; In re Maples.) It also serves to protect the adoptive parent from interference by the natural parents in raising the child and facilitates the formation of an integrated family unit. (In re Christine (R.I. 1979), 397 A.2d 511; In re Adoption of Spinks (1977), 32 N.C. App. 422, 232 S.E.2d 479.) The confidential nature of the adoption also functions to protect the adoptee from any stigma of illegitimacy and conflicts between natural and adoptive parents. (Mills v. Atlantic City Department; In re Adoption of Female Infant; see also Ill. Rev. Stat. 1977, ch. 40, par. 1522.) The public interest in confidentiality is to preserve the integrity of the adoptive process and to provide the adoptive family with the same autonomous environment traditionally afforded other families. (Alma Society, Inc. v. Mellon; In re Christine.) The statutory provision for sealed birth and adoption records is an obvious legislative attempt to consider the interests of all parties to the adoption proceeding. As such, we do not believe that the petitioner’s right to receive information outweighs the different interests of the other parties involved. Moreover, the petitioner’s right to receive information regarding his biological origins is not totally denied. Rather, it is conditioned only upon a showing of good cause. This conditional limitation on the disclosure of adoption records is not unreasonable and is necessary to meaningfully balance the varying interests of the parties. We find that petitioner’s right to receive information has not been unconstitutionally abridged.

Petitioner next contends that the Illinois statute violates his right to privacy. He asserts that the information regarding his ancestry is a family matter and should be free from government intrusion and restrictions.

Although the United States Constitution does not expressly mention right of privacy, the United States Supreme Court has recognized that a constitutional right to privacy exists. (Carey v. Population Services International (1977), 431 U.S. 678, 52 L. Ed. 2d 675, 97 S. Ct. 2010; Griswold v. Connecticut (1965), 381 U.S. 479,14 L. Ed. 2d 510, 85 S. Ct. 1678.) Several matters concerning the family have been constitutionally protected from unwarranted governmental intrusion, such as marriage (Loving v. Virginia (1967), 388 U.S. 1,18 L. Ed. 2d 1010, 87 S. Ct. 1817), procreation (Skinner v. Oklahoma (1942), 316 U.S. 535,86 L. Ed. 1655,62 S. Ct. 1110), contraception (Eisenstadt v. Baird (1972), 405 U.S. 438,31 L. Ed. 2d 349, 92 S. Ct. 1029), abortion (Roe v. Wade (1973), 410 U.S. 113,35 L. Ed. 2d 147, 93 S. Ct. 705), child rearing (Wisconsin v. Yoder (1972), 406 U.S. 205, 32 L. Ed. 2d 15, 92 S. Ct. 1526), and family relationships (Prince v.

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Roger B. v. People
407 N.E.2d 884 (Appellate Court of Illinois, 1980)

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Bluebook (online)
407 N.E.2d 884, 85 Ill. App. 3d 1064, 41 Ill. Dec. 386, 1980 Ill. App. LEXIS 3185, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roger-b-v-people-illappct-1980.