How can I access my estranged father's sealed adoption records for Native American lineage proof?

Question

I am trying to prove my native lineage and determine if I qualify for tribal enrollment. My father is Native American but was adopted outside the tribe. I have evidence of his native heritage but am missing his adoption records, which are sealed in California, or any information the tribe has about the adoption. The tribe and local courts in California said only the adoptee can request these records. However, my father and I are estranged, and he has no interest in obtaining these records. As the child of an adoptee, is there any way for me to access these records?

James L. Arrasmith · Answer

Accessing sealed adoption records in California is challenging, especially when the adoptee isn't cooperating. California law generally restricts access to adoption records to the adoptee themselves, with limited exceptions. Your situation highlights the difficult balance between privacy rights and your legitimate need to establish your heritage. 
 
You may want to explore filing a petition with the court that handled the adoption, explaining your unique circumstances and need for the information specifically for tribal enrollment purposes. The Indian Child Welfare Act (ICWA) created some provisions for Native Americans to access information about their heritage, though these typically apply to the adoptee rather than their children. Some tribes might also have established protocols for helping descendants in your situation, so reaching out to tribal enrollment offices with whatever documentation you already have could open alternative pathways. 
 
If the court petition route proves unsuccessful, consider consulting with an attorney who has experience with both adoption law and Native American tribal enrollment. They might suggest DNA testing as supplementary evidence, gathering affidavits from any family members who can attest to your lineage, or other creative legal approaches that address your specific circumstances. Remember that persistence often pays off in these complex situations, and documenting each step of your journey may eventually help build a compelling case for access.

Q: How can I access my estranged father's sealed adoption records for Native American lineage proof?