What steps can an adoptee take to gain access to the adoption records, if state law prohibits the disclosure of the identity of the biological parent?
Generally, ICWA as federal law preempts conflicting state laws. Although state law may limit access to adoption records to protect the privacy rights of the parties involved, many states provide an adult adoptee with the opportunity to petition the court to show “good cause” to open the record. State courts have found that ICWA’s policy to protect rights flowing from the individual’s tribal relationship establishes “good cause” to preempt restricted-access provisions of state law. In re Mellinger, 672 A.2d 197, 199 (N.J. Super. Ct. App. Div. 1996); In re Rebecca, 601 N.Y.S.2d 682, 683-84 (Sur. Ct. 1993). The access to these records, however, has in a few cases been limited to only the information necessary to establish tribal membership. In these cases, such information has been directly released in confidence to the tribal enrollment officer or, in one case, a third party beneficiary in order to certify that the adoptee qualifies for tribal membership. Mellinger, 672 A.2d at 199; Rebe
