[bluebonnet_72]

I was trying to get J.'s membership card and CDIB card from the Cherokee tribe when we ran into a major snag. Her adoption was finalized about 2 and half years ago. At the time we were told, she was Cherokee and ICWA applied. My husband is Cherokee and so other then notifying the tribe, there wasn't anythign else that needed to be done. I figured I'd ask for her card, and send the adoption decree to get her name changed when I got around to it.
When I called the tribe, they told me that she doesn't have a card. ICWA can apply merely because she is eligibe for a membership card. DHS never applied for her card. They said in order to get her membership card, I have to send her adoption decree and it needs to have her birthfathers name on it. Well, the decree doesn't have his name on it.
TPR was done long before we ever met her. The decree does say something about proof of TPR being included but I don't have it in my papers. Could there be something avaliable at the courthouse in addition to the papers we were given the day we finalized?
The tribe said I would have to ammend the decree to have her birthfather's name listed. How am I suppose to even prove who her birthfather is? In theory, it is a totally closed adoption and we don't know his name. Of course, she was 10 when we adopted her so she knew her own history.
Does anyone have any experience with ammending a adoption decree? What proof do I need? I hate to even put this man's name on her adoption decree. J's word for him is "evil" and I knowing what happened to her, I tend to agree. Still, I may have no choice if she is to be legally a member of her tribe.
Any ideas? Has anyone had to ammend an adoption decree? Why didn't DHS fill out an application for CDIB card, and membership card when they had all the proof and knew she was eligible? Are the birthparents names usually on the adoption decree? Are they ever on the adoption decree?

[Magic_Hat]

My daughter's birth parents' names aren't on the adoption decree. It doesn't seem like their names would be on there in any situation.

[lovemy6]

Adoption records are sealed, so unless you petition the court, you probably won't be able to get the record of tpr that would include her bname and bios' names.

NO, adoption decrees do not have bios' names on them, only the adopted parents' names.

You can no longer have the bf's name on her bcertificate. He would have to sign for it, and since he's been tpr'd, he has no rights to do so.

[LeighM]

Did you hire a lawyer or did the state lawyer handle the TPR? If you hired your own lawyer you might be able to go back to the lawyer and see if he/she has any paperwork you can use.

[bluebonnet_72]

I did a little research and under ICWA she can petion the court, when she is 18, or the "secretary" (someone with the Bureau of Indian Affairs) and is entitled to whatever information needed to make her eligible for tribal membership. These rights are spelled out under ICWA, the Indian Child Welfare Act. Our decree does specify that the requirements of ICWA have been met. I hope she doesn't have to wait till she is 18. Maybe we can do this for her?