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
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:
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