IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF TENNESSEE

AT NASHVILLE

PROMISE DOE, KIMBERLY C. )

and RUSS C., and SMALL WORLD )

MINISTRIES, INC., )

)

Plaintiffs, )

)

v. ) No. 3-96-0599

) JUDGE NIXON

DONALD SUNDQUIST, Governor )

of the State of Tennessee, in his )

official capacity; CHARLES )

BURSON, Attorney General of the )

State of Tennessee, in his )

official capacity; and LINDA )

RUDOLPH, in her official capacity )

as the Commissioner of the )

Department of Human Services for )

the State of Tennessee, )

)

Defendants. )

AFFIDAVIT

STATE OF TENNESSEE )

)

COUNTY OF DAVIDSON )

I, MARY ELIZABETH CLARK, being first duly sworn according to law, do hereby depose and state as follows:

1. I am an adult citizen and a resident of Tennessee. I have previously submitted an affidavit in this matter urging my support of T.C.A. § 36-1-101, et seq. I was born in Tennessee, and given up for adoption in 1967. All records of my adoption have remained in Tennessee, the access of which are subject to Tennessee law.

2. I have always felt a desire to know my birth parents, and have searched to find them. In addition to my desire to find my parents because of these feelings of loss, I have medical reasons for wanting to find them. I have a young son, and would like to have medical information about my birth parents to give to his pediatrician. I feel it is vital to find my birth parents so that I have access to this medical information that may some day help my son.

3. I have attempted to get medical information from my adoption file without success. The State sent me the attached letter informing me that it only provided such information in "life and death" situations, and then only based upon the written request of a physician. I do not think I should have to wait for a life and death situation to get this medical information. If I had access to the information, I would provide it to my son's physician to be used in any way necessary to treat or prevent any potential medical condition it indicates.

4. Thus, it is extremely important that I find my birth parents as soon as possible. Otherwise, my son could be living with a predisposition to certain medical conditions of which I am not aware that could possibly be avoided or detected through lifestyle changes and preventative medical care.

5. I believe that, because of the facts stated above regarding my son, any delay in the enforcement of T.C.A. § 36-1-101 et seq. could cause irreparable harm to him. If I were given access to my medical records, I would obtain them so that I would have this important medical information.

_________________________________

MARY ELIZABETH CLARK

Sworn to and subscribed before me this _____ day of July, 1996.

________________________________________

Notary Public

My Commission Expires:

______________________