California Court of Appeals Allows Adopted Indian Woman to Prove Ancestry

Here is an interesting case captioned Wynn v. Superior Court (opinion here). From the opinion:

Karen Victoria Dahlberg Wynn (appellant) filed a petition in the superior court seeking an order correcting her original birth certificate to state the actual names of her birth parents rather than the fictitious names her mother used when the original certificate was prepared. Appellant’s situation is unusual because her original birth certificate is sealed and her legally operative birth certificate lists her adoptive parents.

The superior court denied the petition on the ground that it lacked the legal authority to modify the original, sealed birth certificate because a subsequent certificate was in effect.

We conclude appellant qualifies as an interested person who may bring an action to adjudicate her parentage and, therefore, the superior court had the authority to adjudicate the facts concerning a possible biological relationship between mother and daughter. Furthermore, if the superior court determines appellant’s original birth certificate is not accurate regarding her parentage, then it must order the issuance of a new birth certificate.