How to Open Closed Adoption Records Under the ICWA

Native American children who are adopted because of abuse or neglect in their backgrounds have special rights under the Indian Child Welfare Act, or ICWA. To help these children preserve their cultural ties to their Native American ancestry and tribes, the ICWA addresses specific requirements that enable these goals. Because of the complexity of this issue and the sensitivity of the adoption, Native American adoptees and their families need to know they may not be successful in every case.

Things You'll Need

• Copy of Indian Child Welfare Act (ICWA), Sections 1915 and 1933 Name(s) of adoptive parents Name(s) of biological parents Name of tribal judge or worker responsible for the adoption Name of state protective services or adoption agency/worker responsible for the adoption

Instructions

1. Request a copy of the ICWA from your state senator. Familiarize yourself with this act--especially the sections pertaining to adoption and responsibility of the state court for finalizing the adoption. Before requesting access to your case file, know exactly what your rights are under the ICWA (see link in Resources).

2. Study ICWA Public Law 95-608 (see link in Resources) and find out which state court was responsible for your adoption finalization. Keep your adoptive family informed of what you are doing as you conduct this research. Let them know you want to know about your tribal affiliation and your birth parents as per the law.

3. Contact the tribal judge from your tribe or pueblo and introduce yourself and your reason for visiting the court. Inform the judge that you have been making yourself familiar with the ICWA and its provisions pertaining to adoptees who have reached the age of 18. Ask for access to your file so you can obtain the identity of your birth parents and any other pertinent information.

4. Take notes regarding the circumstances of your placement into foster care, your birth parents' identity, their last-known address and the circumstances of your adoption. Speak to the tribal judge who presided over your foster care case and adoption, as well as the other tribal officials involved in your case.

5. Speak to all of the principals involved in your case--the social workers, lawyers and your parents. Get the names of other family members who may be able to help you maintain your tribal connection. Speak to state (nontribal) officials and social workers as well.

Tips & Warnings

• As you try to make contact with officials involved in your adoption, be courteous, even when frustrated.

• Be aware you may find out information about your biological family that will be very painful and hard to face.

Resources

• Indian Child Welfare Act
• Indian Child Welfare Act Public Law 95-608