Adult Adoptees Gain Access To Their Medical & Genetic History In Utah
Dust Off Those Records
The Supreme Court of the State of Utah ruled in favor of adult adoptees gaining access to their medical and genetic history. Talk about a HUGE step forward in adoptee rights!
For those unfamiliar with the significance of the ruling let’s look back at prior law. Utah WAS one of the 24 states with closed adoption records. Meaning, that any adult adoptee who wishes to access their medical and genetic information (after all it is their right to do so) would have to petition their district court with a very specific reason to gain access. Here in the state of California, adult adoptees do not have access to sealed adopted records unless a dire medical reason is provided to the court. However, that does not guarantee the adoptee access.
What Does The Opinion Say?
The 10-page opinion issued February 28, 2024, rules and instructs the court under Utah Rule of Civil Procedure 107(d) to determine “whether the petitioner has shown good cause and whether the reasons for disclosure outweigh the reasons for non-disclosure.” Initially, the Petitioner, Marianne Tyson had petitioned the district court to gain access to her 1978 unsealed records as a way to provide predisposed health conditions to her doctor. The district court subsequently ruled that Marianne Tyson did not satisfy the court with providing “good cause” for gaining access to her records as it was not a “specific medical condition.” In other words, the district court felt preventative health is not a good enough medical reason to access your medical history, and “the court is required to guard the confidentiality of adoption records consistent with the Utah Legislature’s policy that such records be sealed.”
“In her petition, Tyson claimed that her doctors had requested family medical history regarding menopause, high blood pressure and / or stroke".”
Marianne Tyson appealed to the Supreme Court of the State of Utah with these 3 arguments.
“The best interest of the child overrides consideration in all adoption cases. Therefore, the court did not consider her best interest and abused their discretion."
“The district court abused its discretion when it concluded she was not entitled to obtain records under Utah Code section 78B-6-141(3)(c).”
“The district court abused its discretion when it held that the interest in non-disclosure outweighed Tyson’s justifications to unseal the records under Utah Rule of Civil Procedure 107.”
The Supreme Court of the State of Utah ruled in favor of Appellant Marianne Tyson, stating “if the legislature had wanted to require that a petitioner point to something more than wanting to know her medical history, it could have put that in the statute. It did not, and it was an error for the court to do so.”
Why Is Access Important?
With the recent development of genetic and ancestry testing, adult adoptees have found a loophole in discovering their medical and genetic history. This process does not involve court approval. However, adult adoptees who seek their medical and genetic history (I can’t speak for all - but for most) feel the law does not see them. They feel they do not have equal protection as the birth mother who chose to relinquish them. How do I know this? I am an adult adoptee who went through genetic and ancestry testing in hopes of not only finding out my genetic history but also taking control of my health. I was tired of sitting in doctor’s appointments (all my life) stating “I’m adopted” in hopes of satisfying the doctor’s inquiry about predisposed medical conditions. I had every right to know my medical and genetic information just as every adoptee should have that right.
What Does This Mean Going Forward?
Adoptees have a long way to go in obtaining rights under the law. The opinion is one small ripple in a pool of possibilities for adoptees who seek answers.
Marianne Tyson asserts that “every person has the constitutional and natural right to know their health, genetic or social information”.
Ultimately, the Supreme Court of the State of Utah will be passing the case back down to the trial court to make a decision that keeps both the birth mother’s privacy and the interest of the adoptee at the forefront of their decision when requesting access to sealed adoption records under 78B-6-141(3)(c) and Utah Rule of Civil Procedure 107.
