How to Open Closed Indian Adoption Records

In 1978, Congress passed the Indian Child Welfare Act (ICWA). This legislation was passed due to the incredibly high number of Indian children being taken from their birth homes by private and public sectors due to abuse, poverty and/or poor living conditions and being place in non-Indian homes. Because it is impossible for a culture to continue and flourish when a good percentage of its young are removed from that culture, Congress passed the ICWA as a means to protect the future of Indian tribes and ensure their sustainability.

Things You'll Need

• A copy of the ICWA
• Information regarding the circumstances of your adoption

Instructions

1. Learn about the ICWA. This legislation was passed in 1978 as a means to preserve the culture of American Indians. Children who were placed for adoption after 1978 have unique rights under this law, as its purpose was to ensure the viability of Indian nations. In particular, study the sections regarding the responsibilities of the state court before finalizing an adoption under this act. Ensure that you understand all of your rights before requesting your file.

2. Inform your adoptive parents of your choice to learn about your birth parents/heritage.

3. Find out what your living situation was prior to your adoption. ICWA vests Indian tribal courts with exclusive jurisdiction over Indian children who live on a reservation. State courts can exercise jurisdiction over children who live outside of a reservation but must comply with certain procedures.

4. Find out what state your adoption was finalized in, and become familiar with your tribe and your Tribal judges. Even if you lived outside of a reservation, your tribe must have been notified regarding the circumstances of your adoption. In the instance that your tribal affiliation was unknown, all tribes with any connection to you--as well as the Department of the Interior--must be notified. Only when the proceeding is voluntary (mother voluntarily gives up her parental rights) can notification be deemed unnecessary.

5. Speak to your Tribal judge and any others involved in your foster care placement and/or subsequent adoption. Take notes of the circumstances that surrounded your adoption and whatever events led to your placement. Talk to family members, state officials and social workers who may be able to help you maintain your tribal connections.

Tips & Warnings

• Even when adoption proceedings are voluntary and occur out of the reservations's jurisdiction, it is up to the court to decide if notification is desirable. Thus, even though it is not required by law, there is a chance that the child's tribe was notified about the pending removal/adoption proceedings.