San Luis Obispo — Adopt 001

Source: https://www.slo.courts.ca.gov/documents/san-luis-obispo/Adopt001.pdf

Name, Address & Telephone Number of Attorney:

Attorney for:

SUPERIOR COURT OF SAN LUIS OBISPO COUNTY San Luis Obispo Branch, 1035 Palm Street, Rm 385, San Luis Obispo, CA 93408 Grover Beach Branch, 214 South 16th Street, Grover Beach, CA 93433 Paso Robles Branch, 901 Park Street, Paso Robles, CA 93446

In the Matter of the Petition of:

CASE NO: PETITION AND AUTHORIZATION TO
□ INSPECT ADOPTION AND BIRTH RECORD INFORMATION
□ OBTAIN COPIES OF ADOPTION AND/OR BIRTH RECORD
INFORMATION

Petitioner(s) information:

1. My name is _________________________________________________________________

2. My mailing address is _________________________________________________________

3. My residence address is _______________________________________________________

4. My telephone number is _______________________________________________________

5. My birth date is ______________________________________________________________

6. I am now _________ years of age.

7. (Check one)

   □ I am informed that an adoption proceeding related to _______________________________________ (adoptee name) was completed in the County of _________________________________, on or about _______________ by ________________________________________________________________ (Date) (Adoptive Parents Names)

OR □ I am informed and believe that I was adopted by ___________________________________________ (Adoptive Parents)

on or about ______________, in the County of San Luis Obispo. (Date)

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In the Matter of the Petition of : Case Number:

8. □ (Family Code §9200) I request permission to inspect the records and or obtain copies of the records contained in the court file relating to the adoptee ___________________________________, (Adoptee Name) For the following reasons:

(Family Code §9200 requires a showing of exceptional circumstances and good cause approaching the necessitous.) __________________________________________________________________________________________

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(Attach additional pages if needed)

9. □ (HS §102705) I request permission to inspect and/or copy the original birth record contained the State Department of Social Services files for the following reasons;

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   (Attach additional pages if needed)

10. For the reasons stated, I request permission to □ obtain copies; □ to inspect

A copy of the following documents(s).

a. _______________________________________________________________

b. _______________________________________________________________

c. _______________________________________________________________

e. _______________________________________________________________

11. Attached is a copy of a government issued current photographic identification card of the petitioner.

REQUEST AND VERIFICATION:

I request an order of the Superior Court as required by FC §9200 and/or HS §102705 with respect to the records relating to the above proceeding. I am the petitioner in the above entitled matter, I have read this petition and I know and understand what it states. I have read and understand Family Code § 9200 and Health and Safety Code § 102705. I declare that the petition is true based upon personal knowledge, except as to those matters where it is stated to be based upon my information and belief, and as to those matter, I believe them to be true.

I declare under penalty of perjury under the laws of the State of California that the above is true and correct.

Signed this date _______________________, at _____________________________________________

By ___________________________________.

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In the Matter of the Petition of : Case Number:

THE COURT FINDS AND ORDERS THAT:

1. Petitioner has proved good cause exist to;

   □ Inspect the records relating to the above proceeding as requested

   □ Except for _______________________________________________________________

   □ Obtain copies of the records relating to the above proceeding as requested □ Except for ______________________________________________________________

   □ Information (if any) to be redacted by the clerk: (i.e. birth parents information)_______________

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   □ Petitioner is granted permission to inspect and/or copy the original birth record contained the State Department of Social Service files.

   □ Other Orders: __________________________________________________________________

   _____________________________________________________________________________

   _____________________________________________________________________________

   Dated: _______________________ _____________________________________________
   Judge of the Superior Court

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Family Code § 9200

9200. (a) The petition, relinquishment or consent, agreement, order, report to the court from any investigating agency, and any power of attorney and deposition filed in the office of the clerk of the court pursuant to this part is not open to inspection by any person other than the parties to the proceeding and their attorneys and the department, except upon the written authority of the judge of the superior court. A judge of the superior court may not authorize anyone to inspect the petition, relinquishment or consent, agreement, order, report to the court from any investigating agency, or power of attorney or deposition or any portion of any of these documents, except in exceptional circumstances and for good cause approaching the necessitous. The petitioner may be required to pay the expenses for preparing the copies of the documents to be inspected. (b) Upon written request of any party to the proceeding and upon the order of any judge of the superior court, the clerk of the court shall not provide any documents referred to in this section for inspection or copying to any other person, unless the name of the child's birth parents or any information tending to identify the child's birth parents is deleted from the documents or copies thereof. (c) Upon the request of the adoptive parents or the child, a clerk of the court may issue a certificate of adoption that states the date and place of adoption, the child's birth date, the names of the adoptive parents, and the name the child has taken. Unless the child has been adopted by a stepparent, the certificate shall not state the name of the child's birth parents.

Health and Safety Code § 102705

102705. All records and information specified in this article, other than the newly issued birth certificate, shall be available only upon the order of the superior court of the county of residence of the adopted child or the superior court of the county granting the order of adoption. No such order shall be granted by the superior court unless a verified petition setting forth facts showing the necessity of the order has been presented to the court and good and compelling cause is shown for the granting of the order. The clerk of the superior court shall send a copy of the petition to the State Department of Social Services and the department shall send a copy of all records and information it has concerning the adopted person with the name and address of the natural parents removed to the court. The court must review these records before making an order and the order should so state. If the petition is by or on behalf of an adopted child who has attained majority, these facts shall be given great weight, but the granting of any petition is solely within the sound discretion of the court. The name and address of the natural parents shall be given to the petitioner only if he or she can demonstrate that the name and address, or either of them, are necessary to assist him or her in establishing a legal right.

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