« Law - "Court Rules for Heirs of a Man Who Took Pictures of Monroe" | Main | Ind. Courts - Second Evansville attorney accused of possession, dealing meth [Updated] »

Saturday, May 05, 2007

Ind. Decisions - "Court refuses request to open adoption records"

Tim Evans of the Indianapolis Star reports today on the Court of Appeals order yesterday In the Matter of the Adoption of Infants H., Marion County Division of Children's Services v. Stephen Melinger. (Access the ILB entry on yesterday's order here, 4th item.) From the Star:

The Indiana Court of Appeals has denied a request from The Indianapolis Star to open confidential records in the adoption case involving a 60-year-old New Jersey man who hired a surrogate mother to deliver twin girls for him.

In a decision issued Friday, the court said The Star failed to show "that extraordinary circumstances exist that require deviation" from the confidentiality requirements of adoption records.

Under the Indiana Supreme Court's administrative rules, petitions for access to such records must show extraordinary circumstances that justify making them public.

"Public interest in, and legislative action on, surrogacy and adoptions do not provide extraordinary circumstances for opening a particular adoption case file to the public," Chief Judge John G. Baker wrote in the ruling. "The Indianapolis Star is not entitled to access this Court's records on this case." * * *

Steve Litz, the Monrovia attorney who represented the adoptive father, Stephen Melinger, said he was pleased but added that the decision addresses just one of several issues swirling around the adoptions. "I am happy that the Court of Appeals decided that the children's privacy rights come ahead of a reporter's desire to invade those rights," Litz said. He said he also was pleased that the opinion called a Marion County court's initial decision to open case files on the adoption "erroneous."

A juvenile court judge allowed public access in 2005 to the Melinger child-welfare case file, which included information about the adoptions, citing the legal and ethical issues raised by the case. Several months later, a different trial judge removed the child-welfare file from public view.

The Star filed a petition March 22 to open records in the case, which pits Indiana's adoption secrecy law against the public's right to know how the courts do business.

In the ruling Friday, the appeals court found "the children in this case have already erroneously had their names and the details of their lives made public, and continued publication of the details of their lives based on information in this Court's file further infringes upon the privacy to which the family is entitled."

Charles Wilson of the AP also reports on the decision, in a story including these quotes:
"Public interest in, and legislative action on, surrogacy and adoptions do not provide extraordinary circumstances for opening a particular adoption case file to the public," Baker wrote.

Baker also said the original decision to open the case file was an error that should not be compounded.

The judges, however, denied a request from Melinger to seal further court proceedings since they already are confidential. * * *

"I am happy that the Court of Appeals decided that the children's privacy rights come ahead of a reporter's desire to invade those rights," attorney Litz told The Indianapolis Star.

Posted by Marcia Oddi on May 5, 2007 09:34 AM
Posted to Ind. App.Ct. Decisions