Wednesday 26 August 2015

Petition Court Adoption Records

Adoptees often struggle with identity issues and a desire to know their history. This can vary from simple curiosity to a need to know about a genetic disposition to illnesses. If adoptees struggle with their search for their birth records and fail to find results, they have options. If they think they have a compelling reason, adoptees should try petitioning the court for their identifying information, including their original birth certificate.


Instructions


1. Research which court has your adoption records. They will be at the family court that finalized your adoption papers.


2. Complete the petition forms found at the court office. Elaborate on the reason you want your records open, especially if you have been diagnosed with a medical illness and learning your genetic history and medical records could help your condition. If you know anything about your birth family, such as names, include that to speed up the process.


3. Research how the local judge at the court operates by attending local search support groups. See if he will only approve the non-identifying information, or background information, or if he approves cases for any reason. It will often depend on the "compelling need" and state law. For example, Iowa will approve cases if they are for a "good cause," unless it will disrupt the lives of minor siblings.


4. Consider hiring a lawyer and appearing before the judge in person. While not necessary, being present increases the chances of a favorable ruling.


5. Native American adoptees can use the Indian Child Welfare Act. Because an overwhelming number of Native American families were torn apart and had their children removed and placed with non-tribal families, the act allows children over 18 to claim benefits and the heritage of their tribe. Adoptive or foster parents must prove that their child is Native American in order for him to receive such benefits.

Tags: Native American, struggle with, they have, your adoption