What type of information may be obtained under ICWA?
The ICWA affords 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. 1917. In only a couple of cases were courts reluctant to disclose entire adoption records because of the biological parents’ purported privacy rights under state law. Thus, state courts may on occasion release certain records directly to a tribal enrollment administrator solely to determine membership eligibility with strict conditions that the information remains confidential. 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
