Native Adoptee

Your Right

File a petition citing ICWA

To begin the process, you must file a petition with the court to request access to your birth records. In your petition, provide the information and evidence that supports your belief that you are Native American.

Find
your
tribe

The law

Make sure to complete all forms thoroughly and include any required fees. If submitting by mail, enclose one or more self-addressed, stamped envelopes. Along with your petition, you may need to include a DSS order and a Vital Records order, as required by the court.

California Petition Example

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Petition By State

Instructions

Scroll over each state to see if they are an open-access to birth records state (unrestricted) or restricted.

Click a state, and it will open a petition to fill out and take to your county courthouse. Or a website where you can contact someone to help with your petition.

Instructions
Compromised State Hawaii Washington Compromised Oregon Unrestricted California Restricted Nevada Restricted Arizona Compromised Utah Restricted Idaho Restricted Montana Compromised Wyoming Restricted Colorado Unrestricted New Mexico Restricted Texas Compromised Oklahoma Compromised Kansas Unrestricted Nebraska Compromised South Dakota Compromised North Dakota Restricted Minnesota Restricted Wisconsin Restricted Michigan Compromised Iowa Compromised Missouri Comprimised Arkansas Compromised Louisiana Unrestricted Mississippi Restricted Alabama Unrestricted Tennessee Compromised Georgia Restricted Florida Restricted South Carolina Restricted North Carolina Restricted Virginia Restricted Kentucky Restricted West Virginia Restricted Illinois Compromised Indiana Compromised Ohio Compromised Pennsylvania Compromised Maryland Compromised Maine Unrestricted Vermont Limited Rights Until July 1, 2023 New York Unrestricted District of Columbia Massachusetts Unrestricted

New Mexico Restricted

Mississippi Restricted

South Carolina Restricted

West Virginia Restricted

The adoptive parent or the adult adoptee may submit a request to the Bureau for Children and Families or to the clerk of the circuit court to solicit copies of non-identifying information contained in the state ward record or in the sealed adoptive court record. Either birth parent may also submit additional social, medical or genetic history for the adoptee. This information will be

placed in the adoptive file and shared with the adoptive parents upon receipt or with the adult adoptee upon request.

Maryland Compromised

Adoption Records

Department of Social Services

The Department of Social Services (or DSS) is the department in each state that handles adoption paperwork, conducts investigations, and stores old adoption files. Different states may call this department by a slightly different name such as the Department of Human Services.

  • The DSS order tells the state’s Department of Social Services (DSS) to send the birth records to the court so the judge can look at them.
  • The judge signs the DSS order, then gets the birth records and reviews them before deciding whether to sign the Vital Records Order
California DSS Example

Birth Certificate

Vital Records

The Vital Records Office is the state department responsible for maintaining official birth, death, marriage, and divorce records. It may have different names depending on the state, such as the Recorder’s Office or Vital Statistics Office.

  • The Vital Records Order lets the judge get a certified copy of your original birth certificate to give to you.
  • Usually, the Vital Records Office will send both the adoption certificate‖ and the birth certificate together.
California Vital Records Example

Proof that you are Native American

To obtain your original birth certificate, you need to provide evidence of your Native American ancestry. The judge will look at the evidence you present and decide whether there is enough proof that you are Native American. The evidence you present may include:

Genealogical Research: You can conduct genealogical research to trace your family tree and identify Native American ancestors. This research may involve searching census records, birth and death records, and other public records.

DNA Testing: You can also take a DNA test to determine your Native American ancestry. DNA testing can provide you with a percentage of your Native American ancestry and help you identify your tribe. Affidavits: You can also provide affidavits from family members or other individuals who have knowledge of your Native American ancestry.