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N Cal Attorney
N Cal Attorney, Attorney
Category: Family Law
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Experience:  since 1983
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I need help with some adoption records. My mother was 51 years

Customer Question

I need help with some adoption records. My mother was 51 years old when she passed away in 2009. When she was 4 days old she was adopted in Stillwater, OK, Payne County. I'm her next of kin. Both of the adoptive parents are deceased and quite possibly her biological parents also. I'd like to get her adoption records unsealed (I know for a fact that they are in tact and held at the court house where the adoption took place. An attorney to handle the case for me is way more than I can afford. I have petitioned the court twice on this matter with the first attempt citing medical history as my reason for petition, the paper was given to a judge who glanced over it maybe 5 minutes and denied it without even meeting with me, the second time I cited medical also as well as being denied my constitution right to be receiving indian benefits that I'm entitled to because the birth mother was indian. This time I was given a court date and appeared before a judge who told me since she was new she wasn't sure what the law on this was but that she wasn't my lawyer and couldn't do the research for me and so if i couldn't quote her some case law or some other law that would allow her to open the records that she had to dismiss it without prejudice so that i could file my petition again! Please help me! Again the adoption took place in May 1958. Thanks!
Submitted: 1 year ago.
Category: Family Law
Expert:  Fran-mod replied 1 year ago.
Hi, I'm a moderator for this topic. I've been working hard to find a professional to assist you right away, but sometimes finding the right professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you. Thank you!
Customer: replied 1 year ago.

Hi, I really appreciate you letting me know about the wait! That's much better than just leaving someone waiting and wondering so please know how appreciated it is!! Yes please continue to look for someone who can answer this question! I've waited 3 years a few more days won't hurt!


 


Thanks again!

Expert:  Fran-mod replied 1 year ago.
Thank you for your continued patience, Micah. We will continue the search for a professional for you.
Expert:  N Cal Attorney replied 1 year ago.
I'm sorry you are having such difficulty with this but the laws on unsealing adoption records in Oklahoma are fairly restrictive. The Legislature is considering changing the law to make it easier, see
http://newsok.com/oklahoma-legislative-panel-urged-to-unseal-adult-adoptees-birth-certificates/article/3612583

http://forums.adoption.com/oklahoma-adoption-records/219841-oklahoma-private-adoptions-unsealing-records.html
indicates that the Courts there consider a medical reason more important than proving Native American ancestry.

Your mitochondrial DNA is theoretically identical to that of your mother (discounting a few random mutations) so it may be easier and less expensive to prove your Native ancestry using DNA analysis than using a lawyer to try to convince a judge to recognize what should be a basic human right to know your ancestry.

See
https://www.23andme.com/ancestry/?gclid=CPDvn-n_mbUCFWlxQgodh1cARQ
and
http://www.dnatribes.com/na-splash.html?g-amer&gclid=CMb-2Z-AmrUCFUfhQgodGGMAIA
and
http://www.familytreedna.com/default.aspx for examples of companies who do this type of DNA testing.

http://www.dna-testing-adviser.com/Indian-DNA-Test.html has some information on what tests are available and clarifies the limits of DNA testing.

The Adoption Reunion Registry of the Oklahoma Department of Human Services has a web page at
http://www.okdhs.org/programsandservices/postadopt/docs/adoptreg.htm but neither that page nor
http://www.ehow.com/how_6717469_obtain-adoption-records-oklahoma.html discuss how such a request would be handled when all the ancestors are deceased. You may want to call the Adoption Reunion Registry at (405) 521-3832 and ask how they handle that situation.

The UDHR Article 15 states: "Everyone has the right to a nationality" and if you go back to Court you might mention that in your petition.

I hope this information is helpful

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