| O. Adult Adoptees |
| 25 U.S.C. § 1917 |
An
Indian
child who was the subject of an adoptive placement and who has reached
the age
of eighteen may apply to the court that entered the final decree for
information about tribal affiliation of that individual’s biological
parents. That court
shall provide other
information as necessary to protect any rights flowing from the
individual’s
tribal relationship.
|
| Guidelines
for State Courts: Indian Child Custody Proceedings, 44 Fed. |
This provision applies regardless of whether the original adoption was subject to the ICWA’s provisions. |
| Guidelines
for State Courts: Indian Child Custody Proceedings, 44 Fed. see also C.R.S § 19-5-305 |
Further,
the
provision supersedes the decision of the state legislature on whether
adult
adoptees may be told the names of their biological parents. If state law prohibits
disclosure of the
biological parents’ identities tribal rights can be protected by asking
the BIA
to check confidentially whether the adult adoptee meets the
requirements for
membership in the tribe. If
the adoptee
meets those requirements, the BIA can certify that fact to the
appropriate
tribe.
|
| 25 C.F.R. § 23.83 |
At
the
request of a child placement agency, the court or an Indian tribe, the
BIA
shall assist in locating the biological parents or prior Indian
custodians of
an adopted Indian child whose adoption has been terminated pursuant to
25
U.S.C. 1914. Such
requests for
assistance should be sent to the local BIA Area Director.
|