Does the Indian Child Welfare Act afford access to adoption records for Indian youth?
Two provisions of the Indian Child Welfare Act provide a means for an adopted Indian, eighteen or older, to obtain information relating to his or her adoption. Section 1917 of the Act provides for release, upon application, of certain information by the court that entered the final decree. Section 1951(b) of the Act provides for a similar release of information by the Secretary of the Interior. The Indian Child Welfare Act gives an adopted Indian child, who is eighteen or older, the right to access his or her adoption records to identify the biological parents’ tribal affiliation so as to establish tribal membership in the tribe of a parent and to access “such other information as may be necessary to protect any rights flowing from the individual’s tribal relationship.” 25 U.S.C.
