Native Adoptee

What county do I file my petition?

Since you are at least 18, you can access your birth certificate now. Your birth certificate is what they call an amended birth certificate. All the information is accurate except for your parents' names. There are certain things that tend to stay the same on your birth certificate even after it's amended.

  • State birth certificate number
  • Local registration & certificate number
  • Date of birth
  • Place of birth
  • Name of physician
  • Local registrar

Once you locate the county on your amended birth certificate, you can now look up the county courthouse's phone number, address, and hours of operation. This is where you will send your petition.

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Court Records

Contact the county clerk

It is essential to talk to the court clerk because different counties want you to ask the court for your records in different ways, using different kinds of forms. You MUST call the court clerk before preparing your forms because the clerk will make sure you follow the proper procedures, as well explain the costs involved.

  • What forms do you have to file?
  • How many copies of each petition or form do you have to file?
  • Whether you can file the petition by mail, or whether you have to bring it to the court clerk in person?
  • The address where you need to submit your petition (make sure you get the mailing address if you can submit by mail, and the physical address if you have to submit in person)?
  • How much are the filing fees (what costs)?
  • To send you the unique pre-printed forms for the county (local forms), if there are any.
  • Make sure you ask the court clerk what his/her name is.
  • Does anything need to be notarized?

Submitted

Once Petition is Submitted

When you petition the court to open your birth records, the judge will review your evidence and decide whether there is enough proof that you are Native American. If the judge finds sufficient evidence, he or she will order the release of your original birth certificate.

By looking at your birth records, the judge will get more information about who your birth parents are and their background. This information can be invaluable for adoptees who are searching for their biological roots.

Four Possible Outcomes

Judge Signs DSS

Click here

Rejects Petition

Click here

Schedule Hearing

Click here

Vital records

Click here

Solutions

Now with your original birth certificate

You will have the name and age of your birth mother and possibly the name and age of your birth father. With this you can now start your genealogy search.

Next Step

If The Judge Thinks you are Native

He/she will:

  • Decides there is enough evidence that you are Native and sign the DSS order and sends it to the Department of Social Services, asking to see your birth records so he or she can get more information
  • Once the judge requests your birth records from DSS, you will get a signed copy of the DSS order in the mail

 

After the judge reviews your birth records he will either:

  • decides there isn’t enough evidence to prove you are Native American and rejects your petition or
  • decides there is enough evidence to prove you are Native American and decides you should get a copy of your original birth certificate.

If The Judge Does Not Think you are Native

He/she will:

  • Reject your petition

Decides he/she needs more information

He/she will:

  • send you notice scheduling a hearing
  • make sure to bring all evidence stating why you believe you are Native American

 

After the hearing, the judge will either:

  • Tell you they have heard enough evidence, sign your DSS order and the judge’s clerk will give you a signed, confirmed copy or
  • Tell you they have heard enough evidence and refuse to sign your DSS order

Judge decides you get your original birth certificate

If the judge decides you should get a certified copy of your original birth certificate, this will happen in one of two ways, depending on which county you filed your petition in:

  • sign the Vital Records Order and send it directly to the state’s Vital Records office. You will get a copy of the signed order in the mail and about 6 months later you will receive a certified copy of your original birth certificate
  • sign the Vital Records order and send the signed order to you. Then you will have to request a certified copy  of your original birth certificate from the States Vital Records Office yourself.
Vital Records Offices