Will the court give a adult adoptee their birth records if they are indian or their adoption violated ICWA?

Question

Will the court give a adult adoptee their birth records if they are indian or their adoption violated ICWA?

Answer 1

I don't understand how it could have violated ICWA...I know someone who is going through a termination where ICWA was involved after the TPR started....cause they are all over this case!  Anyway, you should be able to get your records...call health and human services and see if they can help determine who the case worker was and go from there.

Answer 2

You can possibly get them via subpeona, but I doubt they will just give them to you...especially of the state participated in violations of ICWA.

Do you have an attorney? I have also heard of tribes suing on behalf of adoptees sent out of their nation without authority.

Answer 3

First of all they have no right to deny you of those records.   My nephew and my neice are Native Indians and were denied their birth right. I would go for the right to have my status inforced.  Here in Canada they have to give it.  I would also look into the legal ramifications of whoever denied this from you.  That is not a very just thing to have done to you.  They are 50% Native and 50% Canadian by birth and got their status.  I would seek legal aid if you have it where you live and explain what has happened and go with their advice only if it suits your agenda.  You don't always have to take the answer given especially if it does not feel right in your spirit.  Many persons have been taught not to trust their inner spirit, its that little butterfly feeling in the pit of your stomach. You will know what to do with the information given to you.  I would definitely obtain my birth records from the hospital, here it costs $5.00 from the hopital and go from there. All adoptees that reach the age of 18 have the right to obtain all inforamtion surrounding their birth, the birth mother has to wait until their child becomes the age of 19 for her search.