Part 4: What if We Lost ICWA? So Many Questions

By Trace L Hentz, blog editor, adoptee

I am making a list of questions and answers:

Did you know you can use ICWA to open your adoption?

How hard is it to open your adoption?

How hard is it to find help, or know how to start?

MY Answers:

Does the ICWA afford access to adoption
records? YES

Two provisions of the Indian Child Welfare Act (ICWA) provide a means
for an adopted Indian to obtain information relating to his or her
adoption. Section 1917 provides for release, upon application, of certain information by the court that entered the final decree. Section 1951(b)
provides for a similar release of information by the Secretary of the
Interior.  As indicated by the nominal number of cases addressing this
issue, access to adoption records is routinely provided to Indian
adoptees in order to establish tribal membership.   In only a few cases
have the courts limited direct access of adoptees to their adoption
records. In those cases, however, the Indian adoptees still obtained
the necessary information to establish their tribal membership.  

See In re Mellinger, 672 A.2d 197, 199 (N.J. Super. Ct. App. Div. 1996). See also In re Rebecca, 601 N.Y.S.2d 682, 683-84 (Sur. Ct. 1993). 

The Practical
Guide's Resources Section contains a sample
application.

 SOURCE

 

👉In
the book CALLED HOME: The Roadmap (Book 2) - we devote an entire
chapter on how to use ICWA to open your adoption records to contact the
tribe, and how to use DNA results. You will need legal help. Don't let
that stop you.

 

***Some
of us are told that records burned - that is usually a lie. The
Catholic Charities and others will claim your parent is dead - that
often turns out to be a lie.  In some families, as many as 10 children
were sold and trafficked into adoption, especially if you were a Native
mother.  Read the book series Lost Children of the Indian Adoption Projects for examples.

 

THIS IS HOW YOU GET YOUR FILE from the BIA:

CONTACT the Secretary of the Interior:

https://www.doi.gov/contact-us

Who may request access to adoption information?

Under 1917,
an "Indian individual who has reached the age eighteen and who was the
subject of an adoptive placement" may apply to the court that rendered
the final decree, while 1951(b)
allows the "adopted child over the age of eighteen, the adoptive or
foster parents of an Indian child, or an Indian tribe" to request the
adoption information.

 If you are an adoptee, call the BIA today... then call again and again - flood their phones and request help! Talk about ICWA. They kept many many records on adoptees. They can tell you your tribe. DO NOT GIVE UP...

What role does the Secretary of the
Interior have regarding an Indian adoptees access to his or her adoption records?

Supposedly, under 1951(a)
the Secretary of the Interior serves as a central registry for adoption
records of Indian children since November 8, 1978. However, the
registry in most cases is extremely limited and often times is
unhelpful.  Although, state courts entering adoption decrees involving
Indian children are required to provide to the Secretary of the Interior
the Indian child's adoption records, it is routinely overlooked. In
any event the registry, in accordance with 1951, should include
information that shows:

(1) The name and tribal affiliation of the child;



(2) The names and addresses of the biological parents;



(3) The names and addresses of the adoptive parents; and


(4) The identity of any agency having files or information relating to such adoptive placement.

Should the registry contain pertinent records and upon a request by
an adult Indian adoptee, adoptive parent(s) or Indian tribe, the
Secretary is required to disclose the information necessary to establish
tribal membership. 25 U.S.C. 1951(b).
If the biological parent(s) indicate by affidavit to remain anonymous,
the Secretary shall insure that the confidentiality of such information
is maintained and such information is not subject to the Freedom of
Information Act, 5 U.S.C. 522
(2000). 25 U.S.C. 1951(a). To accommodate the confidentiality
request, the Secretary can then certify the child's parentage or other
information necessary to satisfy a tribe's enrollment requirements and
establish the Indian adoptee's membership in that tribe. 25 U.S.C.
1951(b).

ALSO: Make your voice heard! Be proud to protect ICWA for future generations!

Call or write:

Bureau of Indian Affairs

Department of the Interior

1849 C Street, N.W.

MS-4606

Washington, D.C. 20240

Telephone: (202) 208-5116

To request a meeting with the Director, Bureau of Indian Affairs, please use the Meeting Request Form

**

The Bureau of Indian Affairs will issue a Certificate degree of
Indian Blood (CDIB) that shows your blood quantum and tribal
affiliation. You will want to contact the BIA agency that provides
services to the tribe you’re claiming heritage from in order to obtain
the CDIB card, that information can be found in the Tribal Leaders
Directory.

• Guide to Tracing Your American Indian Ancestry (.pdf) - 77 KB
• Certificate Degree of Indian Blood (CDIB) Application & Instructions (.pdf) 28 KB
• Tribal Leaders Directory
• The Complete List of Federally Recognized Tribes(link is external) (Last Updated Jan. 30, 2020)

 ((This blog was created for adoptees like me... I will be back with more questions and answers))

To be continued