Kesubos 15a: When a woman was violated by an unknown man, if the majority of the city is Jewish and of good lineage, and the majority of visitors is also Jewish and of good lineage, then we permit the woman to marry a kohein. Although elsewhere we do not require two majorities, in matters of lineage the Sages enacted a higher standard.
כתובות טו ע”א. הולכין אחר רוב העיר והוא דאיכא רוב סיעה בהדה, ואין הולכין אחר רוב העיר גרידתא, ולא אחר רוב סיעה גרידתא וכו’ ומי בעינן תרי רובי וכו’ מעלה עשו ביוחסין.
A 20-year-old frum girl in Flatbush once overheard her parents fighting, and in anger her father yelled, “You’re adopted anyway – who knows where you come from?” Shocked, the girl went to her grandparents and asked, “Is it true that Mommy is adopted?” They said, “Yes, it’s true. We came to America after the war and were unable to have kids, so we adopted your mother.” “But how do you know she’s Jewish?” asked the girl. Her grandparents showed her a certificate of adoption issued by the Jewish Family Services in a city outside New York State. “We adopted her from a Jewish organization and we were told she was Jewish.”
A copy of the certificate in her hand, she went to ask Rabbi Yisroel Reisman what to do. Rabbi Reisman made some inquiries and found that the rav in that city was a Torah Vodaas graduate whom he happened to know. The Jewish Family Services office was still in existence, although now it catered mostly to non-Jews. The two rabbis decided to pay them a visit and see if they would allow them access to the files.
Entering the offices, they found that the files were under the control of two Jewish women, one frum and one not. Rabbi Reisman began with the frum woman, “I won’t ask you to break the law, but if you could just show us where the files are and then step out of the room… we’re not violating the spirit of the law, since we’re not looking to spread any information further.” She agreed, but said the files from that particular year were located in the other woman’s office. The other woman didn’t agree to let the rabbis see the record, but she did agree to show it to her co-worker, the frum woman, who then testified to the rabbis, “I can’t tell you the name of the biological parents, but I can tell you it’s an obviously Jewish last name.”
Rabbi Reisman now felt he had a basis for a heter: In the 1950’s, most people with typically Jewish last names were Jewish. And most people using the Jewish Family Services at that time were Jewish. That is two rov’s, two majorities, indicating that the girl’s mother is Jewish. But to make sure, he made an appointment to ask Rav Elyashiv on his next visit to Eretz Yisroel.
At first, Rav Elyashiv began to outline the heter of the two rovs. But then he asked, “Did you hire a lawyer?” “No, said Rabbi Reisman. “Go back, hire a lawyer and see if you can get the record released.“ “And what happens if the lawyer is unsuccessful?” “Then you’ll come back to me,“ said Rav Elyashiv. “But I live in America, and it’s not so easy to come back,” said Rabbi Reisman. “Don’t worry, Rabbi Efrati is here and he will make sure you get right in.”
Rabbi Reisman went to Avi Schick, who recommended a lawyer in the state where the adoption took place. But the lawyer soon ran into a dead end. It turned out that according to the law in that state, it was permitted to release an adoption record only if both the biological parents and the child simultaneously request it. Since they don’t know each other, the odds of that ever happening are astronomically low. Moreover, the woman was in her 50’s, so her biological parents might not be alive.
In the end, the psak was to do a geirus misafeik – a conversion out of doubt. Rabbi Reisman asked Rabbi Reuven Feinstein if this girl would be permitted to a kohein, and he replied, “Yes. Mid’oraisa it’s permitted because in the 1950’s, the organization was servicing mostly Jews. The only question is whether you have a second rov, based on the name. This is a sofek in a D’rabanan, so we can be lenient.”
Ultimately, her younger siblings and her mother went through conversion too. For her brother, the beis din ruled that he needed only tevilah, not bris milah, because he had already had a bris as a baby. This is based on the opinion of the Ramban that if the milah was done for the sake of Judaism (i.e. because they thought he was Jewish), even though it was not for the sake of geirus, it’s good enough in cases of doubt.
Source: Rabbi Reisman’s shiur on Hilchos Niddah, Yoreh Deah 198:34
