The adoptive parents of a boy with physical ailments and mental
problems should be able to see some of his confidential adoption
records, the state Supreme Court has ruled.
In a decision Monday, the justices said the parents, identified
only as John and Jane Doe in court documents, should be able to see
the records after a third party reviews them to take out anything
that would identify the child's birth parents or other
relatives.
State law says that adoption records are to be kept private
unless good cause is given to open them.
James Fletcher Thompson, an attorney for the parents, said Monday
he was pleased with the court's decision but warned that it only
will open adoption documents under very specific circumstances.
"This is not an invitation for adoptees or any other party to the
adoption to open the adoption records," he said. "We are still
considered a very conservative state."
In this case, the parents said they need the records to determine
whether the medical history of their child's biological family might
shed some light on his problems.
The boy, adopted in Spartanburg County in December 1983, has
suffered physical ailments, such as a cyst on his brain, that
persist.
The child also suffered mental problems, including threatening
his adoptive mother with a knife and hurting himself on purpose,
according to court records.
The parents asked a Family Court judge to let them see their
son's records and included letters from several of the child's
doctors, but both the Family Court and the state Court of Appeals
refused.
In overturning those rulings, the Supreme Court said a third
party should be appointed to go over the records and interview the
child's biological relatives if necessary to find out more about his
medical history.
Any information identifying the child's biological family would
not be included, according to the ruling.
The justices said the Family Court judge should then review the
report before giving it to the adoptive parents.