My great grandmother was adopted in Iowa around 1900. She died in 1974. My family wants to access her adoption record in order to complete our family history.
Unfortunately, Iowa does not unseal adoption records even for dead people without special circumstances. But many states DO unseal records once the person has died. I agree that dead people no longer have a right to privacy.
What are some good arguements for dead people not having rights? Only professional opinions, please.
2007-05-28 05:39:46 · 9 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
No, dead people have no legal rights only the family. They can argue that they want to protect the other parts involved but after 100 years is clear there's no else alive to protect, so I think they are just being overprotective and paranoid about getting sued. Probably is nothing personal, and they just want a court order to make sure they can't be sued by anyone.
Right now your only option would be to take the case to family court and have a Judge unseal the files.
2007-05-28 05:54:57 · answer #1 · answered by ? 7 · 0⤊ 0⤋
No, the dead don't have rights, but their families certainly do have rights. One of those is the right of privacy. It could be very damaging to a family to suddenly discover that a baby was given up for adoption, etc. It could damage their reputation and even affect them financially. Out of respect for the living, adoption records should not be unsealed unless absolutely necessary. Be considerate of the families of the dead. There could be a lot of unnecessary emotional harm to them. Particularly, a family member may feel guilty because they didn't know or didn't do anything, etc.
2007-05-28 05:45:24 · answer #2 · answered by cyanne2ak 7 · 1⤊ 0⤋
You want arguments for the dead not having rights? I guess the only one I can think of is privacy.
If you want this information for a medical purpose (such as possible inherited conditions), then you may have the necessary "special circumstance" needed for Iowa to release the records to you. But if all you want to do is get names for a genealogy chart, they probably don't consider this circumstance special enough for an exception.
2007-05-31 04:43:32 · answer #3 · answered by Kraftee 7 · 0⤊ 0⤋
Dead people do not need a right to privacy. They are dead; therefore, they are incapable of comprehending ideas such as "privacy".
I feel that the relatives of a deceased person should be able to request to make such information private, but there should be no state or federal laws mandating such privacy.
2007-05-28 05:44:09 · answer #4 · answered by Gordon Freeman 4 · 0⤊ 0⤋
I personally think that it is important to be able to complete the family's history....in case some type of illness should come up, other's in her biological family might have the answers for it.
2007-05-28 05:44:03 · answer #5 · answered by guffa78 1 · 0⤊ 0⤋
I hope not,if so I've been committing unspeakable crimes without knowing it!
I am a jack*!! but mean no offense if this is a question concerning someone close. Nothing personal just trying to make someone laugh at my stupidity!!
2007-05-28 05:48:03 · answer #6 · answered by LOON 1 · 0⤊ 0⤋
say this:
"ummm... their dead"
if that doesnt work then say that as the heir to the estate your family has the right to the papers
2007-05-28 05:42:49 · answer #7 · answered by Angry Gilmore 2 · 0⤊ 1⤋
im sure they do.
Go to the GOV website to find out
2007-05-28 05:42:01 · answer #8 · answered by Ben 1 · 0⤊ 1⤋
YES.
2007-05-28 05:41:52 · answer #9 · answered by Mark sampson 2 · 0⤊ 1⤋