Native American adoptees have special rights put in place to preserve their heritage due to the forced mass removal of Native American children from their native homes.
Upon application by an Indian individual who has reached the age of eighteen and who was the subject of an adoptive placement, the court which entered the final decree shall inform such individual of the tribal affiliation, if any, of this individual’s biological parents and provide such other information as may be necessary to protect any rights flowing from the individual’s tribal relationship.
Coined the “Sixties-Scoop,” in 1956, the US government sought to eradicate Native communities by taking away their children. Placing them into 50 public and private agencies across the US and Canada. They did this for the next 20 years.
Almost 13K Native children were adopted.
Adoption was historically used to sever ties between children, especially Native American or minority children, and their birth families, often without consent. Records were sealed to prevent reunification. In 1978, the Indian Child Welfare Act was passed to stop states from forcibly placing Native children with white families or sending them to boarding schools. The law aimed to ensure Native children were placed with Native families and set guidelines for the adoption process.
To enroll in your tribe, you need a certified copy of your original birth certificate showing that your birth parents were tribal members. This certificate confirms your status as a biological descendant of a tribal member.
To obtain your original birth certificate, you must present evidence to a judge explaining why you believe you are Native American. The judge will then decide if there is sufficient proof to unseal your birth records.
