November 30th, 2006
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Q. What sort of information does the court need to have in the petition?
A. The petition should contain the following information: the adopted name of the person; the county of the adoption; the birth date of the adoptee; the names of the adoption parents; the date of the adoption, if known; the file number of the adoption, if known. It should also contain current information about the adopted person: current name, address, telephone number, social security number, reasons why the adopted person is interested in seeking non- identifying information or in having an agent appointed to search for the natural parents.

Q. Must an attorney prepare this petition?

A. No, a letter to the orphans’ court division of the court, which handled the adoption, is sufficient to begin the procedure of appointing an agent.

Q. Does it cost anything to file the petition with the court?
A. No

Q. What steps does the court take after it gets the letter from the adopted person?
A. If there is sufficient information to locate a file in the county records and a file on the particular adoptee is located, the orphans’ court will issue a court order. The court order will appoint an agent to serve on behalf of the adopted person to search for and/or to make contact with the natural parents.

Q. What does this court order mean?
A. This order means that the agent who is named in that order has permission to examine various files and records in the courthouse and elsewhere and has permission to contact the natural parents to determine whether or not the natural parent is willing to make contact with the adopted person.

Q. Is the agent required by the court order to give out all the information?
A. The agent is obligated to exercise discretion to assure that the anonymity of the natural parents is protected unless and until the natural parents choose otherwise. That means that certain kinds of information in the record which could be used by someone to violate that trust will not be given out without permission by the natural parents. The agent will, however, be able to give out non-identifying information as it sees fit.

Q. Does the natural parent have to respond to a court order that is in the possession of the agent?
A. No.

One Response to “The Petition”

  1. Normajean says:

    December 7th, ’06

    While you’re answering the questions of this person asking about the petition and the natural parents’ participation in the adoption legal procedure you also should remember this. Since natural mothers and same said fathers are excluded from the adotion legal procedure–even though their child[ren] is/are being adopted by [an]other[s]–the reason for this starts with their being investigated like a criminal. The court wants to know, by statutory law, if the mother and/or father of the child[ren] is guilty of child abandonment (which IS the case even if the mother and/or father relinquished to wit abandoned) their child[ren] to be adopted willingly.

    No one tells the legal truth about “relinquishment” as this relates to natural mothers and biological fathers placing their child[ren] to be adopted out which is to say natural mothers and same said fathers NEVER are told by those who know–lawyers–that the law equates child “relinquishment” to be the same as child “abandonment.” This concealment of information denies the mother and/or father the ability to make an INFORMED decision.

    Lawyers like David McConkie–who corruptly supervised the legal procedure when he and his employer Chidren’s Aid Society of Utah ripped my son away from me–CONCEAL information not only about the act of relinquishment (signing the paper[s]) but also about most of the other issues natural mothers and/or said fathers absolutely need to make the life-altering decision to either “relinquish” or not place their child[ren] to be adopted. His concealment of this critical information led this rogue lawyer (David McConkie) to go on to commit other wrongs AFTER he procured my son–against myself because of my natural mother status and also my son and other of my relatives–such that ultimately they constitute crimes and tortious offenses.

    Instead of returning him to me or giving me information to lead me to my son David McConkie stole a key to my apartment and since has broken into and trespassed my residence and vandalized my property such that during one of his criminal trespasses David McConkie threw friut juice on the photo of my son I had sitting on my night stand. After about three times of David McConkie committing these crimes against my son, and myself, I took down my son’s photo and now carry it in my purse.

    My point is that many other lawyers like David McConkie transact adoptions as their primary legal practice, of law, and equally behave like criminals the same as does the lawyer named above who remain not named by other natural mothers. These other corrupt lawyers should be named by the many other natural mothers who’ve been subjected to suffer because the lawyer[s] involved in their situation also victimized them, and their child[ren], by committing crimes against all of them.

    Like most other adoption lawyers, and also said social workers, David McConkie depended on me keeping silent about the adoption-related criminal racketeering he committed when he took my son from me and even after he was in the process of adopting him out. Practically all of these lawyers’ adoption-related activities even in transacting the legalities, of adoption, inherently have very sinister under-tones. In turn this is part of the dark side of adoption.

    Far too many people experience adoption, regardless of their respective position in relation to adoption, through rose-colored glasses. My adoption-related ordeal and that of my son and whole family, especially since our suffering could have been avoided if lawyer David McConkie would have done right, forces me to address the whole saga because of the likelihood of possible litigation.

    As you can see, from this, no one in adoption gets away unscathed. Thanks, for your time.

    Kathy Caudle
    Mother of Adoption Child-Loss
    Salt Lake City, UT

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