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The first blog on this subject is at http://birthfamily-search.adoptionblogs.com/weblogs/indian-child-welfare-act-1 which was posted February 22, 2006.
The section referenced in the previous blog essentially 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.
If you have any information at all that you are even the smallest bit Native American, you should use the Indian Child Welfare Act 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.
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Your petition will have several possible outcomes. It can be denied outright, and you will receive nothing. 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 Indian Child Welfare Act 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.
Shea Grimm, sheag@oz.net,
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