THE LEGAL NEWS ON OUR SEARCH
CAR OF 20 OF 2009 JULIO, of the Court of First Instance 23 of Valencia, the JUDGES GIVE the REASON AGAIN US, AGAINST the OBSTRUCTIVE ATTITUDE OF the DELEGATION OF VALENCIA.
Unfortunately for us, and like other Administrations in all Spain and everybody, the Delegation of Valencia refuses of radical form, to give the archives where yes the name of the biological mothers whom they gave to light, in the Maternal Hospital of Valencia consists. This opposition, even clears the penal illegality, because to avoid to give the archives, get TO LIE to the Judge, within the own procedure, saying of absolutely false and hostile form, to the own magistrate, who they do not have books where the identification of the biological mother of the adopted one consists, something that is false.Luckily, more and more justice supports to us, and manages to avoid this absurd administrative tie, to exert our right.This is a part of the judicial WRIT, that will allow our client, to find out who is his mother:“….identity (of the biological mother) that, IN SPITE OF the MANIFESTATIONS OF the PROVINCIAL DELEGATION, is not difficult to obtain, because although in the Archives of the Delegation clinical histories of the Hospital do not consist, as it has been read in copies of the Registry of Income contributed to the cars by the reprsntación of the applicant, in this Registry FOR CONSISTING the DATE OF ENTRANCE, the IDENTITY OF the PATIENT, ITS ADDRESS, the ROOM TO WHICH WENT DESTINED AND ITS DATE OF EXIT ........ Therefore, sila Law recognizes the right of the adopted children to know its connection biological and if in this case, this knowledge only it can be possible through access to Libro de Entrada of the Provincial Hospital, comes to grant the authorization asked for, considering the right to the investigation of the paternity.”We are then again of enhorabuena, because in spite of the bad faith of the administration that guards the archives, in the COURTS the reason is granted to us again.
NOW IN PALMA DE MALLORCA, A JUDGE OF FIRST INSTANCE RETURNS TO GIVE THE REASON US.
In this case in addition, concerning a deprived clinic, Hospital Mare Nostrum of Palma de Mallorca (Spain).The Court of First Instance 19 of those of Palma de Mallorca, in its CAR 633, of 26 of June of 2009, and after initiated judicial process in this writing desk in defense of the search of our client, RECOGNIZES AND I MENTION “the right plenary session LITERALLY to know the identity its biological mother…”Since the demanded Hospital, facilitated in the judicial process, the registries of income in the Hospital, where the identity of the biological mother of our client consists, finally another adopted companion whom he looked for, has been able finally to find his mother.Enhorabuena.
AGAIN THE AID OF THE JUDGES IS FUNDAMENTAL, AGAINST THE ADMINISTRATION THAT GUARDS THE ARCHIVES.
The Court of First Instance 6 of Valencia, after procedure initiated in this office, has dictated to CAR this 5 of May, authorizing to our client to the free access to All the Books Registry of the Provincial Hospital (Maternity), for encontra the identity of its biological mother.In the procedure, peculiarly, on the part of the delegation it was alleged that the client, we call it C., already had had access several times to all archives, without finding nothing.But MALICIOUSLY, the administration does not say to the Judge, who indeed the unique archives in which the name of the biological mother of C consists., repeatedly were denied to our client in the extrajudicial phase, when she herself requested very rightly them in several occasions.The intervnción of a Judge has been necessary, so that the obstruction of the administration finishes. Now C., odrá to know of its biological mother….enhorabuena.And again a reprimand for the administration that it guards, and denies to us with deceits, the archives.
THE NEWS OF BARCELONA, SOMETIMES THE COURTS ARE MISTAKEN, WAS NECESSARY TO ARRIVE AT THE PROVINCIAL HEARING TO FINISH THE PROCESS HAPPILY.
In one of the subjects that we took in the office, of a client born in 60 years enla MATERNITY OF BARCELONA, we initiated the corresponding process to find out the data of its biological mother.After the habitual arguments to our favor, the Judge of First Instance of Barcelona first LOOKED FOR AND FOUND the biological mother of my client (and so she demonstrates what already we know, that the data of our mothers yes who consist in the archives that the administration guards of the Maternal Hospitals). Next, he mentioned in the Court (what barbarism), and he outside asked, as if a demanded processing to him or, if he wanted to know his daughter, who had brought the suit.Imaginaos the poor woman, or scared or shocked after so many years, in front of a Judge, scared and surprised, and with the erroneous information that her daughter “had demanded to him”… then logically, said that it did not want to know his daughter in those moments. Obvious, when we found the mothers, an initial rejection or fear always takes place, but that tried convenentemente ( not in a Court), I guarantee that in a 90% of the cases she surpasses herself… had then, not only ignorance to you of the law, but also an evident lack of “tact”….When not loving the mother to know his daughter, the Judge of First Instance dictated a CAR (interlocutory in Catalonia), denying client that right.Luckily, we resorted in APPEAL this Car before the Provincial Hearing of Barcelona, and the Magistrates of mima, finally granted to the right client that is to say WHO ERA ITS MOTHER already located by the Judge of First Instance, still against the initial will of that mother…They have spent either many months, but luckily my client, and friend, or must know its mother….
The MOST IMPORTANT LEGAL NEWS, for all, and especially for the BEEN BORN ones IN the MATERNAL CLINIC OF MADRID, STREET O'DONELL.
After long months of judicial fight, in which from the office we solicitd in the Courts of Madrid, INFORMATION on the biological mother of one of our clients been born in the Maternal Clinic Santa Cristina, in Madrid, the Court of First Instance 76 of those of the capital, dictated CAR in November of 2008, in that IT WAS DEMANDED to the direction of the mentioned center, so that it gave the data to us of the biological mother of the client.After a series of absurd excuses on the part of the center, done before the own Court, and after our insistence and the one of the own Judge, finally the 9 of February of this year, ON THE PART OF the DIRECTION of Santa Cristina, the clinical history of the mother of our client is sent to the Court, with its full name, origin, and complete direction that it had in the year of the childbirth.Our client already knows quiene s his mother. Enhorabuena. Podeis to listen to the history of the client directly, in a video that appears in the interview that did Susana to me Griso in Antenna 3, and that is the one that this right under this news.This case has its special importance, because from the direction of Santa Cristina, before our client inicise the judicial route, always HAD REFUSED HIM ANY TYPE OF INFORMATION, of would even have qe it.I believe that the news thus, must animate us all.
ALSO OS JUDGED DE ALICANTE SUPPORTS TO US.
After a procedure iniciao in October of 2008, the Court of 1ª Instance 5 of those of Alicante, ATORIZA the delivery of the archives guarded by the Diputción de Alicante, of the maternal Hoital of this locality, to our client.In these archives, the biological name of its mother consists.The peculiarity of this subject, is that from Delegation it is tried to give us copy certified of the required archives, alleging article 152 of RD 2568/1986, because its integrity can be in danger, to the being very old.Nevertheless, out of danger the honstidad of the enargados ones of the archives, which we did not doubt, the experience in to this has made us office ask the Judge, that WE are those who we appear directly in the Archives to examine them, making there copy of the same… we do not want that “nothing is lost”, after as much fighting in Courts.
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