How I Became an Indian-Part II

How I Became an Indian-Continued.............

My adoption proved to be a problem since my original birth records were "sealed." I had no way to prove who I was, and that I was my father's daughter. I needed my original birth certificate to become a tribal member.  It didn't matter that I was adopted in a stepparent situation, the records were sealed as if I had been adopted through an agency. But, I found the loophole; the Indian Child Welfare Act. This Federal law allows for Indian adoptees to have access to their original birth records in order to prove their Indian heritage.

I went to the Law Library at the Superior Court and found the specific language. I asked for help from my redheaded half brother, a non-Indian, who was excellent at legal matters. Together, we typed a document that would have made a para-legal proud! We used official legal paper and type it on a word processor. I "cited" my case law, attached notarized statements from my birthparents who voiced no objection to opening my records and my adoptive father's death certificate. My "petition" package was complete, and I was sure that I saved hundreds of dollars, by doing the work myself. I even knew the proper legal term; "pro-per."

In my research, I found that I could file my petition in the county in which my adoption took place, or the county in which I resided. I selected the county in which I resided rather than the county in which I was born, and made my way to the Superior court. I proudly walked into the court, with my documents in hand. At the clerk's window, I explained that I was there to "file my case."

continued in next entry..............