The ALMA SOCIETY INCORPORATED, Joyce Aaron, Eleanor B. Barron, Marilyn Louise Beck, Susan Roberta Brody, John Franklin Filippone, Anne Fosby, Ronnye Jacovitz Futrell, Rolande Synge Hampden, Michael Jay Hatten, Vincent Konola, Katrina Maxtone-Graham, Anita McCarthy, Raymond Rand, Rosemarie Smith, Joan Sommers, Clothilde Louise Starke, Robert Van Laven, Hope Herman Wurmfeld, and Karl M. Zimmer, Appellants,
v.
Irving MELLON, Director of Vital Records, City of New York, Richard J. Garofano, Village Clerk, Mount Kisco, New York, Beverly La Tona, City Clerk, City of Dunkirk, New York, the Honorable Millard L. Midonick, Surrogate, New York County, the Honorable Bertram L. Gelfand, Surrogate, Bronx County, the Honorable Bernard M. Bloom, Surrogate, Kings County, the Honorable Louis D. Laurino, Surrogate, Queens County, the Honorable John D. Bennett, Surrogate, Nassau County, the Honorable Ernest L. Signorelli, Surrogate, Suffolk County, the Honorable Louis B. Scheiman, Surrogate, Sullivan County, Louise Wise Services, Spence-Chapin Services to Families and Children, Children's Aid Society (Child Adoption Service), Jewish Child Care Association of New York, and New York Foundling Hospital, Appellees.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued March 19, 1979.
Decided June 22, 1979.
Attorney(s) appearing for the Case
Cyril C. Means, Jr., Professor of Law, New York City (Bertram E. Hirsch, New York City, of counsel), for appellants.
Charles Brody, Asst. Atty. Gen., New York City (Robert Abrams, Atty. Gen. of the State of New York, New York City), for appellees Surrogates Midonick, Gelfand, Bloom, Laurino, Bennett, Signorelli, and Scheiman.
Gerald E. Bodell, Bodell & Magovern, New York City, for appellee New York Foundling Hospital.
Leonard F. Manning, Professor of Law, New York City, for appellee Jewish Child Care Association.
Donald J. Cohn, Webster & Sheffield, New York City (David A. Hom, New York City, of counsel), for appellee The Children's Aid Society.
Stephen Wise Tulin, Polier, Tulin & Clark, New York City, for appellee Louise Wise Services.
Allen G. Schwartz, Corp. Counsel, New York City (L. Kevin Sheridan and Carolyn E. Demarest, New York City, Lillian Gewirtz and Peter Lavigne, law clerks, of counsel), submitted a brief for appellee Irving Mellon.
Ephraim London, London & Buttenwieser, New York City (Helen L. Buttenweiser, New York City, of counsel), for court-appointed law guardian.
Before LUMBARD and OAKES, Circuit Judges, and BRIEANT, District Judge.
United States Court of Appeals, Second Circuit.
OAKES, Circuit Judge:
This appeal presents the question whether adopted persons upon reaching adulthood ("adult adoptees") are constitutionally entitled, irrespective of a showing of cause, to obtain their sealed adoption records, including the names of their natural parents. Appellants are adult adoptees and an association of such persons; and they urge that the New York statutes that require the sealing of adoption records1 are facially...
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