Petition to OPEN ADOPTION RECORDS (2024) (USE ICWA)

If you or your parent was adopted, here is what you need to do: FILE a petition in STATE where you were adopted or your parent was adopted.... ICWA gives you that right. (Even if the state has closed adoption records, you still have the right to obtain your records.)  

The Indian Child Welfare Act, 25 U.S.C. 1901 et seq., provides in pertinent part:

Upon application by an Indian individual who has reached the age of eighteen and who was the subject of an adoptive placement, the court which entered the final decree shall inform such individual of the tribal affiliation, if any, of the individual's biological parents and provide such other information as may be necessary to protect any rights flowing from the individual's tribal relationship.

CLICK👉	Petition to Obtain Adoption Records	PDF	Microsoft Office Word®

 

EXAMPLE: 

IN THE _________ COURT

FOR _________ COUNTY, STATE OF _______

In the Matter of: ___________________,     )           

PETITION PURSUANT TO 25 U.S.C. § 1917

TO OBTAIN CERTAIN BIRTH RECORD INFORMATION

FROM COURT AND AGENCY ADOPTION RECORDS

             COMES NOW the Petitioner, _________________, and respectfully petitions the Court for an order, pursuant to 25 U.S.C. § 1917, permitting him/her to have access to certain identifying information pertaining to him/herself, his/her natural mother/father, and natural maternal/paternal grandparents, and contained in the records of his/her adoption maintained in the above-captioned matter by this Court and by _______________________________ an agency that maintains the adoption records of the now defunct _______________________________________.  In support of his/her petition, Petitioner states:

 

            1.  I presently reside at _____________________________________.

            2.  I was born on _____________ in ________________.  On information and belief, my natural mother/father named me ______________________________ at birth.

            3.  On _____________ the _________________ Court, a predecessor to this Court, entered a decree of adoption approving my adoption by ________________ and changing my name to ___________________________.

            4.  The ______________________________________________________ an agency that is now defunct was involved in my adoption and kept records pertaining to the adoption.  _______________________________________________ currently maintains the adoption records of this defunct agency.

            5.  According to this Court's records of my adoption, my natural mother/father was American Indian/Alaskan Native.  I do not know his/her tribal affiliation.  On information and belief, his/her name is ___________________.

            6.  Members of American Indian tribes/Alaskan Native villages are provided with legal rights under federal law that are not available to others.  These rights include, for example, scholarships and other education programs, health care, employment rights, business grants and loans, a variety of social services, property rights including the right to share tribal lands and the income therefrom, the right to be exempt from certain taxes, and other similar rights.

            7.  Members of American Indian tribes/Alaskan Native villages associate with one another in a socio-political community, commonly known as the tribal relationship, sharing a common heritage and culture and promoting the economic well-being of the entire tribal community.

            8.  I am not a member of any Indian tribe/Alaskan Native village and, at present, I am unable to establish eligibility for such membership.

            9.  I have been deprived of my Indian culture, heritage and tribal relationship and all the rights under federal law that would flow from membership in a tribe/Alaskan Native village.  I have also been deprived of the political, social, economic, and psychological advantages and benefits which would flow from membership in a tribe/Alaskan Native village.

            10.  The Indian Child Welfare Act, 25 U.S.C. 1901 et seq., provides in pertinent part:

Upon application by an Indian individual who has reached the age of eighteen and who was the subject of an adoptive placement, the court which entered the final decree shall inform such individual of the tribal affiliation, if any, of the individual's biological parents and provide such other information as may be necessary to protect any rights flowing from the individual's tribal relationship.

25 U.S.C. § 1917. 

            11.  United States Senate Report No. 95-597, 95^th Cong. 1^st Sess. (November 3, 1977), explains § 1917.

An Indian child who has been placed in adoptive, foster care, or other setting is authorized upon obtaining the age of eighteen to obtain information regarding his or her placement as may be needed to qualify for enrollment in his or her tribe of origin and for other benefits and property rights to which he or she may be entitled because of Indian status.

Senate Report No. 95-597 at page 11.

It is the intent of this section [sec. 1917] as amended to authorize the release of only such information as is necessary to establish the child's rights as an Indian person.  Upon a proper showing to a court that knowledge of the names and addresses of his or her natural parent or parents is needed, only then shall the child be entitled to the information under the provision of this section.

 

Senate Report No. 95-597 at page 18.

            12.  The Indian Child Welfare Act was enacted after extensive Congressional testimony and study revealed that an inordinate number of Indian children had been separated from their tribal communities through adoption and other placements frequently detrimental to the children, their families and their tribes.

. . . the Congress finds –

. . . (4) that an alarmingly high percentage of Indian families are broken up by the removal, often unwarranted, of their children from them by nontribal public and private agencies and that an alarmingly high percentage of such children are placed in non-Indian foster and adoptive homes and institutions; and (5) that the States, exercising their recognized jurisdiction over Indian child custody proceedings through administrative and judicial bodies, have often failed to recognize the essential tribal relations of Indian people and the social and cultural standards prevailing in Indian communities and families.

 

25 U.S.C. §§ 1901(4) and 1901(5).

 

            13.  The Congress in the Indian Child Welfare Act stressed the national policy of protecting and preserving the relationship between Indian tribes and their children.  25 U.S.C. §§ 1901(2), 1901(3) and 1902.  The policy derived in part from findings by the American Indian Policy Review Commission that "'[r]emoval of Indian children from their cultural setting [by placement in non-Indian adoptive homes] seriously impacts a long-term tribal survival and has damaging social and psychological impact on many individual Indian children.'"  Miss. Band of Choctaw Indians v. Holyfield, 490 U.S. 30, 48 (1989).  See also, Matter of Adoption of a Child of Indian Heritage, 111 N.J. 155, 543 A.2d 925, 930-931 (1988) (The Indian Child Welfare Act is based on findings " . . . that an Indian child . . . separated from all aspects of Indian culture . . . . not only posed a threat to the stability and security of Indian tribes, but also carried with it the potential for psychological harm to the Indian child . . . [including] ethnic confusion and a sense of abandonment"

 WHEREFORE, movant respectfully requests that this Court enter an order:

            1.  Granting movant the right to inspect and copy the records of his/her adoption maintained by this Court, and the records of _______________________________ now maintained by ______________________ for the purpose of identifying his/her tribal affiliation or the tribal affiliation of her natural father/mother and, if necessary, his/her natural maternal/paternal grandparents.

            2.  Granting movant the right to inspect and copy all information contained in the records of his/her adoption maintained by this Court, and the records of _______________________________________ now maintained by ________________ as may be necessary to enable him/her to become a member of an Indian tribe/Alaskan Native village and to protect his/her rights flowing from the tribal relationship and his/her status as an Indian/Alaskan Native, such information to include the original certificate of his/her birth, the final decree of adoption, the names and last known addresses of his/her biological father/mother, and if necessary, his/her biological maternal/paternal grandparents.                                                                                      _____________________________

    Signed

Disclaimer: You should consult competent legal counsel for legal advice, rather than rely on this form.

Do you need help with your ICWA case?

Use the National Indian Law Library ICWA Contacts page to find legal assistance with your case.

To find legal assistance by state:

• Use the List of Indian Child Welfare Act Designates, Bureau of Indian Affairs. The most recent list is available at the BIA website. Also includes contact information for BIA regional directors and social workers.
  
  
• Start at the state-by-state list in this Guide for the following information:
• State bar associations (national are linked also);
• State ICWA offices (with ICWA guides in some cases);
• A link to tribal directories is in each state index.


• Start at the National Indian Law Library's Guide to Legal Assistance Resources for the following information:
  • Directories of state and local legal assistance organizations, some of which may provide ICWA assistance;
    • Legal Services Corporation
    • National Association of Indian Legal Services (Wisconsin Judicare, Inc. Indian Law Office)
    • Neighborhood Legal Services
    • Pine Tree Legal Assistance -- Links to Other Legal Services Organizations
  • Directories of lawyers and law firms, some of which may provide ICWA assistance.


• See several of the links below that provide help finding urban and health centers.
  

Federal funding for federally-recognized tribes:

To learn about federal sources of funding that federally-recognized tribes are eligible for to provide child welfare related services, see ICWA Topic #22: Resources.

 

LAST THING: DO NOT GIVE UP

 

 

Petitioning the Court to Open Your Adoption File (for adoptees adopted in the United States) | Old Papers and the NARA

2023: The states of Alabama, Alaska, Connecticut,Colorado, Kansas, Louisiana,Oregon, Maine, Massachusetts, New Hampshire, New York, Rhode Island, and Vermont (July 1, 2023) are the only U.S. states where adult adoptees have unrestricted access to their own original birth records!  Check out Bastard Nation

The late Karen Vigneault always told adoptees to not be afraid of using the courts to open your adoption records.  And she used NARA, a federal program that has files on everyone. Read more below:  Trace

Petitioning the Court to Open Your Adoption File (for adoptees adopted in the United States)

Why you should consider a petition:

Petitioning the court to open your records is something every adoptee should try. Even the most restrictive states allow the sealed adoption file to be open via court order, and petitioning the court is usually not a difficult nor terribly expensive proposition, and your odds are slightly better than winning the lottery.

As is detailed in my search series article, "Documents", the court file contains a variety of documents related to one's adoption, often including the original birth certificate. The most likely occurrence is that when petitioned, the judge will instruct that only non- or de-identified information be compiled from the file and given to you, but in a few instances, judges have been known to open the entire file. A very few judges will open files to every adoptee who asks, regardless of the reason. It pays to research how the particular judge you will be appearing in front of usually responds to petitions to open the file.  Local search groups often have this information, or you can post an inquiry on an email list or Usenet newsgroup, as discussed in previous parts of this Search Series.

The details of petitioning:

Petitioning the court does not require the services of a lawyer although it can help your chances of success to use one. The first step will be determining what court has your file. You probably have already obtained this information if you followed the steps detailed in the other documents of this series. The court that has your file will be the court that finalized the adoption. In the States, this is usually a county Family court, located in the county where your adoptive parents resided at the time of your adoption. Most courts will have the proper forms for petitioning available to you on request, and you do not need to be physically present at a hearing date in order for the judge to read and respond to your petition, although appearing in person can greatly enhance your chances of success. Along with the petition, you should include the reason for your request. You may simply believe the information belongs to you, and you can state this, but the sad truth is that you are more likely to be successful if there are extenuating circumstances. If you have a medical condition that could be eased with the information or with finding your birthparents, proof and explanation of that condition should be included in your petition. If there were unusual circumstances involved in your adoption, if you know your birthparents are deceased, if you already know the identity of your birthfamily, or if your adoptive parents are deceased, you should include a statement to that effect, along with proof of your claims. However, even if you do not have any unusual circumstances, and simply want the information, you should still try a petition. As stated above, some judges will release the file to adoptees just for the asking.

Using The Indian Child Welfare Act in a petition:

The Indian Child Welfare Act is little-used, but it can be the key to a successful petition to open a sealed file if you are adopted, and are some or all Native American. The ICWA was passed in 1978 to address congressional findings that "an alarmingly high percentage of Indian families are broken up by the removal, often unwarranted, of their children from them by nontribal public and private agencies and that an alarmingly high percentage of such children are placed in non-Indian foster and adoptive homes and institutions; and..... that the States, exercising their recognized jurisdiction over Indian child custody proceedings through administrative and judicial bodies, have often failed to recognize the essential tribal relations of Indian people and the cultural and social standards prevailing in Indian communities and families."

One section of the ICWA is of particular interest to adoptees. Section 1951b states "Upon the request of the adopted Indian child over the age of eighteen, the adoptive or foster parents of an Indian child, or an Indian tribe, the Secretary shall disclose such information as may be necessary for the enrollment of an Indian child in the tribe in which the child may be eligible for enrollment or for determining any rights or benefits associated with that membership. Where the documents relating to such child contain an affidavit from the biological parent or parents requesting anonymity, the Secretary shall certify to the Indian child's tribe, where the information warrants, that the child's parentage and other circumstances of birth entitle the child to enrollment under the criteria established by such tribe."

Essentially this section directs the State to give adult adoptees of Native American heritage who request it, their birth information, so that they may enroll in their tribes. The section does allow for birthparents to file a veto, but even then the adoptee is entitled to tribal notification so that they may process their tribal rights and privileges. You can read the entire ICWA on the Web.

There are a few problem areas with using the ICWA. Many adoptees are of enough Native American blood to qualify for enrollment in their tribes, but there is nothing documented that verifies that information. Before a judge will open a file under ICWA s/he will often demand some sort of proof that the adoptee is NA at all, proof that most adoptees will simply not have. But in other instances, the agency that handled the adoption, or the court file itself, will contain notations that you, the adoptee, do have NA ancestry. If you have received non-ID from a source that states this, include a copy with your court petition. You will also need to include a copy of the ICWA in order to make the judge's work easier and predispose him/her to wanting to help you. If you have any information at all that you are even the smallest bit Native American, you should use the ICWA in your petition. Include affidavits from family members (adoptive and birth) who have told you that you have Native American blood, as well as any 'official' agency or other documents to support your claims. Remember that most tribes have small blood quantum requirements, and you should not feel guilty about using the ICWA. The intent of this law is to ensure that those of us who are entitled to tribal membership by birthright, have the *choice* to join our Native American communities.

What to Expect:

Your petition will have several possible outcomes. It can be denied outright, and you will receive nothing.  Or, you might be denied identifying information, but receive censored copies of documents, or merely a summary of non-ID compiled from the documents themselves.  The judge might also choose to appoint an intermediary. The intermediary will be given the file, and will conduct a search for your birthparents, usually the birthmother if you have not already found her.  She will then be asked for permission to release identifying information to you.  The irony is that in many cases, you still will not be given the court file or the documents contained within it, even if your birthparent(s) agrees to exchange identifying information.  You will usually be required to pay for the intermediary service. In the case of the ICWA, sometimes the Court will appoint a tribal intermediary who will process your tribal enrollment in addition to seeking permission from your birthparent(s) to exchange identifying information.  This is in contravention of the mandates of the Federal Act, but that does not seem to have stopped judges from doing it.  Lastly, copies of parts of or your entire file might be turned over to you, unaltered.

This is a work in progress. Adoptees with experience in petitioning the court for their adoption file are encouraged to email me with the details of their experiences for use in this document.

This post was authored by Shea Grimm, sheag@oz.net, except where otherwise indicated. It may be copied and distributed freely, in whole or in part, as long as it is not sold, and as long as this notice is kept intact.

Back to Shea's Search Series: The Definitive Guide to Self-Empowered Adoptee Search

Editor Note: The government has files on everyone, going way back.  My sister Teresa and I found a marriage license from 1901 and got copies.  If you do have a name of an ancestor who was adopted, try using the NARA.

 Find an office near you

National Archives Facilities, by State

Toll-free number

1-86-NARA-NARA (1-866-272-6272)

I have a name! Now what? 

If you have a name, and an indication from your non-ID or other sources that members of your birthfamily served in the military, there are sources on and offline that can provide you with other crucial bits of information. The Freedom of Information Act allows individuals to request certain records on both living and decased military personnel regardless of their relationship to the individual, or reason for the request. Information obtainable under the FOIA includes Name, Service Number, Rank, Dates of Service, Awards and decorations and City/town and state of last known address including date of the address.  If the veteran is deceased you are entitled to Place of birth, Geographical location of death, and Place of burial. To find out where to write for records, visit the National Archives and Records Administration site dealing with military personnel records.

For those searching in Canada, The National Archives of Canada has personnel files of over 5,500,000 former military and civilian employees of the Canadian Armed Forces and the Federal Public Service.  Documents in these records contain information about the individual's employment history with Federal Departments, the military units with which he or she served, pension details, and more.

 Read my earlier articles:

How to Open an Adoption Part One (UPDATED)

http://registry.adoption.com/ –FREE, Reunion registry for adoptees, adoptee blogs and information.

 

ADOPTEES: Petitioning a Court for Birth Records

We're excited to announce an upcoming online event that features adoptees who have successfully obtained court orders in their states to release their own records, including birth records and, in some cases, adoption agency records. Join us on Sunday, March 21 as I talk with Rudy Owens and Courtney Humbaugh about their experiences in seeking court orders to release their own records in Michigan and Georgia. We'll discuss the ins and outs of the legal process, whether or how to work with an attorney, and what it looks like when an adopted person seeks a court order to get his or her own birth and adoption records.

I'll also chime in on my own experience in the District of Columbia as well as what the process looks like as an attorney in Minnesota and other states. - Attorney Gregory D. Luce

The event is Sunday, March 21, 2021, at 1pm Pacific/4pm Eastern. Details and registration are here

 LINK 

What you need: Court Order Petition

Hi! I wrote about this in my memoir One Small Sacrifice but I am going to post it again.

Since it's National Adoption Awareness Month and we need our information, adoptees can petition the state court for your adoption file! You get a court order to request a copy of your adoption file! A judge has to agree to release it to you!

You have to pay for it ($75-100+) but what is in the adoption file are documents about your birth, your social worker, where you were placed in foster care, who they were, and even doctor appointments you had prior to your adoption.

What is in my adoption file:

1 - State of Wisconsin Order for Hearing and Investigation, where my adoptive parents petition in writing to adopt me: Laura Jean Thrall and the court ordered Catholic Welfare Agency of Superior, Wisconsin and the State of Wisconsin to investigate, as required by law.

2 – The letter to my parent’s lawyer from the Wisconsin State Supervisor of Adoptions, Division for Child and Youth who wrote, “According to our incomplete record, it appears this child was committed permanently to the Catholic Child Welfare Bureau and that agency placed this child in this home. If that is true, no action is necessary on the State Dept. of Public Welfare. We are sure that if our assumption is incorrect, the agency will so notify us and appropriate action of the state dept. can be taken upon receipt of the investigator’s report.” Dated June 9, 1958.
ALSO in my file, the state of Wisconsin sent a letter to the Judge in Superior, Wisc. acknowledging the date of my adoption hearing: June 24, 1958. The investigator was the Catholic Welfare Agency who had complete control of me.

3- Report: Movements of Child while Under Care: Catholic Infant Home, Foster Care in Superior (with their name and address) and Foster-Adoptive Home (DeMeyer).

4-Certificate of Baptism: First Baptism: 9-18-56 (requested by my mother Helen) and a New Baptismal Certificate was issued on 2-21-1964. Wow – Catholics get this done quick and recorded. Up on the top of the form is Legal Status: Illegitimate and Mother’s Name: Helen Thrall. My Birthplace: St. Paul, MN. In my adoption file is the signed “Certificate of Baptism, Cathedral of St. Paul,” listing my adoptive parents and my new name! It is signed by Rev. Barr and dated March 10, 1959 when in fact I had been baptized in Sept. 1956. This falsified baptismal certificate and my amended birth certificate are two fake documents made to hide my adoptee status – in case my parents decide not to tell me I am adopted.

5- Hospital Discharge Report: The Physical Record of Mother. She was admitted to the Catholic Infant Home on May 23, 1956. Her home address is in Chicago, IL. She delivered on 9-9-56. She stayed in the hospital 5 days until 9-14-56. Children living: One. (This is the proof Helen had already had a child who was also given up for adoption before me!) Delivery: Normal, spontaneous (Helen had an lml episiotomy with no complications). On 5-25-56, Helen’s blood work: Her RH factor was positive. Helen was allergic to penicillin. No Sauk Vaccine given. (I am also allergic to penicillin.) ALSO: The Child (me) Physical Report: full-term, 10 lbs., 3 oz., 21 ½ in., Head Circumference 14” and Chest Circumference 14 ½ in. I was discharged from the hospital on 9-26-1956 as a normal female infant. Social Worker: Miss Underhill.

6- Catholic Infant Home Report – Their Address, Nurse: Sister Enid, Physical Exam at Birth and Physical Exam on Discharge from Hospital to Infant Home, 2 doctors signed. Feeding: Similac every 4 hours. (Obviously no breast milk for me!)

7- Medical Exam (Infant to Two Years, Wisconsin Child Center) – Laura Jean Thrall in Foster Care, General physical: Ok with Mild eczema on face. March 12, 1957.

8- Medical Exam – July 15, 1957 – now named Tracy DeMeyer, General Development: Normal and lists all the various immunizations and vaccines I had. (My adoptive mother told me I was covered in rashes and bald on the back of my head when they got me.)

9- State of Juvenile Court, Vilas Country, Wisconsin, Parental Consent to Termination of Parental Rights, dated December 5, 1956. Miss Alverna Underhill (social worker) is the witness. "Father’s consent is not necessary In case of illegitimate child." Signed by my mother Helen Thrall.

10- Leo Block, Director of Catholic Welfare Agency appears before Judge Robert Curran on May 28, 1958, in the matter of Adoption of Laura Jean Thrall and Mr. Block consents to my adoption on this legal form. Block’s reason for consent: for the best interest of the child.

11 – Form letter: Request to the State of Minnesota Dept. of Public Welfare on April 9, 1958, states that Catholic Welfare Agency needs a copy of my birth record to be used as proof of birth to protect the interest of this child at the time of placement of adoption. Required fee enclosed $1.00. Signed Jean Johnson, Supervisor Protection Unit. Certified Photostat April 16, 1958 sent to Social Worker Miss Underhill.

12- Copy of Investigation, submitted by Catholic Welfare Agency, done March 17, 1957 through May 28, 1958 to the County Court in Wisconsin. Describes The Child (me) and Mother of Child (Helen). INFORMATION NECESSARY FOR CHANGING BIRTH CERTIFICATE in bold type. This is the story I wanted – all the details and dates.  My first months, Helen’s life, and my adoptive parents life and their desire to adopt me, was revealed on four typed pages.

This is what to expect: PAGES of legal documents, reports, letters, stories, arrangements, explanations, descriptions, maybe even a Baptismal Certificate, places and dates.

The BUREAUCRACY they created for each adoptee, all the paperwork, judges, lawyers, social workers, no wonder they don't want to change their system - it's jobs and generates billions of dollars each year!

Every adoptee needs to read their file.

Using the Indian Child Welfare Act to petition court

A friend sent this and I wanted to share!  If you are thinking of opening your adoption and know the state you were born, the INDIAN CHILD WELFARE ACT can be used to petition the courts and judge to get your tribal information:

Excerpt:

One section of the ICWA is of particular interest to adoptees. Section 1951b states "Upon the request of the adopted Indian child over the age of eighteen, the adoptive or foster parents of an Indian child, or an Indian tribe, the Secretary shall disclose such information as may be necessary for the enrollment of an Indian child in the tribe in which the child may be eligible for enrollment or for determining any rights or benefits associated with that membership. Where the documents relating to such child contain an affidavit from the biological parent or parents requesting anonymity, the Secretary shall certify to the Indian child's tribe, where the information warrants, that the child's parentage and other circumstances of birth entitle the child to enrollment under the criteria established by such tribe."

Essentially this section directs the State to give adult adoptees of Native American heritage who request it, their birth information, so that they may enroll in their tribes. The section does allow for birthparents to file a veto, but even then the adoptee is entitled to tribal notification so that they may process their tribal rights and privileges. You can read the entire ICWA on the Web (use google search).

There are a few problem areas with using the ICWA.  Many adoptees are of enough Native American blood to qualify for enrollment in their tribes, but there is nothing documented that verifies that information.  Before a judge will open a file under ICWA s/he will often demand some sort of proof that the adoptee is NA at all, proof that most adoptees will simply not have. But in other instances, the agency that handled the adoption, or the court file itself, will contain notations that you, the adoptee, do have NA ancestry.

If you have received non-ID from a source that states this, include a copy with your court petition. You will also need to include a copy of the ICWA in order to make the judge's work easier and predispose him/her to wanting to help you. If you have any information at all that you are even the smallest bit Native American, you should use the ICWA in your petition. Include affidavits from family members (adoptive and birth) who have told you that you have Native American blood, as well as any 'official' agency or other documents to support your claims. Remember that most tribes have small blood quantum requirements, and you should not feel guilty about using the ICWA. The intent of this law is to ensure that those of us who are entitled to tribal membership by birthright, have the *choice* to join our Native American communities.


[ADOPTEES: please contact the adoption agency, if you know who it was, or ask your adoptive parents what they were told and ask them to request the entire adoption record in the state you were adopted. WHY?? Since your adoptive parents signed papers to adopt you - they have a right to request a copy of your file and adoption records.  If you are 18, you are an adult and can petition the courts. The Indian Adoption Projects was a secretive measure to assimilate children and change us - but it doesn't work - you are still Indian, no matter where you were raised... Indian Blood is loud... Contact me if you need to know the laws in your state and contact NICWA and request all the information they have to help adoptees... Trace]

National Indian Child Welfare Association (NICWA)

5100 SW Macadam Avenue, Suite 300
Portland, Oregon 97239
Telephone: (503) 222-4044
Fax: (503) 222-4007

Hours: Monday—Friday, 9 a.m.–5 p.m.