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Jeannette Scrivenv.State of Georgia

CourtCourt of Appeals of Georgia
Docket No.A14A1924
DecidedMarch 2, 2015
Reporter330 Ga. App. 826; 769 S.E.2d 569
JudgesCourt of Appeals of Georgia, Fourth Division; Presiding Judge Doyle and Judges Miller and Dillard; Judge Miller authored the opinion
Tags
CivilFamily LawCivil ProcedureEvidenceStatutory InterpretationReversal
Case Summary

J.S., age 65, petitioned to examine her sealed adoption records after the Georgia Adoption Registry identified a genetic relationship between her and two presumed brothers. She alleged that her biological parents were likely deceased and that the records were needed in part for medical reasons because one presumed brother had hereditary cancer. The Department of Human Services did not oppose release of the records to J.S., but the superior court found no good cause and denied the petition. The Court of Appeals of Georgia reversed. OCGA § 19-8-23 permits examination of sealed adoption records when a petitioner shows good cause, and the statute separately permits an adult adoptee to seek biological-parent information when withholding it would adversely affect the adoptee’s physical, mental, or emotional health. Because “good cause” is a fact-specific inquiry, the court held that J.S.’s age, genetic evidence, likely-deceased parents, medical purpose, and unopposed request plainly established the required basis. The court concluded that the superior court abused its discretion by denying access and reversed the judgment.

Opinion

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