How to Open Closed Adoption Records for Native American Children

By Leslie Truex, eHow Contributor 

The adoption of Native American children involves not only state adoption laws, but the federal Indian Child Welfare Act as well. This act was passed in 1978 in response to the number of children who were being placed for adoption or foster care in non-Native American families. Agencies with the authority to place Native American children for adoption must first seek placement within the child's extended family; then within the tribe; then within another Native American tribe; and then, if necessary, with a non-Native American family. While adoption laws seal records that provide identifying information such as names, parties involved in a Native American adoption have an additional resource in the tribe in the search for adoption information.

• How to Open Adoption Records
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• How to Petition a Court to Open Adoption Records

Instructions

1. • 1
     Gather information you have. While adoption documents given to adoptive parents and birth parents remove identifying information such as names and addresses, they do provide information and clues, such as date of placement and adoption history. You will need information such as birth dates and placement and adoption finalization dates to find the right records. It also helps to know which tribe or tribes were notified about the adoption.
   • 2
     Contact the lawyer or adoption agency involved in the adoption. In most states, if any of the parties involved in the adoption consented to give out identifying information at the time of the placement, the lawyer and agency will be able to supply the last known information.
   • 3
     Contact the tribal court that was notified of the adoption. The Indian Child Welfare Act requires tribe approval of the adoptive placement and requires that the tribe be provided copies of the adoption finalization for its records. Tell the tribal court what you are seeking and the reason for requesting the documents. Unless the reason for obtaining the information is a medical emergency, the court may deny your request or supply only non-identifying information.
   • 4
     File a petition in the state court where the adoption occurred. While the Indian Child Welfare Act governs how Native American children can be placed for adoption, the adoptions themselves are executed in accordance with state laws. Much like the tribal court, records with identifying information will not be released without consent of the other party or if there is a medical reason.