Does ICWA mandate the release of adoption records to the adoptee to establish his or her Indian heritage?
As previously noted, access to adoption records is routinely provided directly to Indian adoptees in order to establish tribal membership. In only a few cases have the courts limited direct access of adoptees to their adoption records. When direct access by the adoptee is denied it usually occurs because state courts are attempting to preserve state privacy laws in complying with the ICWA. For that reason, a few state courts have ordered the release of discrete information directly to a tribe’s enrollment officer or an intermediary third party to determine if the adoptee is eligible for membership. In re Rebecca, 601 N.Y.S.2d 682, 683-84 (Sur. Ct. 1993). See also In re Mellinger, 672 A.2d 197, 199 (N.J. Super. Ct. App. Div. 1996) (providing the adoption records to a third party intermediary who contacted the natural family to determine if they wanted contact with the adoptee. The natural family did want contact and they were reunited with the adoptee). Alternatively, as the BIA Guideli
