V.  Adoptions

25 C.F.R. § 23.71(a)(1)(i)-(iii)
Any state court entering a final decree or adoptive order for any Indian child shall provide the BIA within thirty days a copy of the decree or order, together with any information necessary to show:
  • The Indian child’s name, birthdate and tribal affiliation, pursuant to 25 U.S.C. § 1951;
  • Names and addresses of the biological parents and the adoptive parents;
  • Identity of any agency having relevant information relating to said adoptive placement.
25 C.F.R. § 23.71(a)(2)
To assure and maintain confidentiality where the biological parent or parents have by affidavit requested their identity remain confidential, a copy of such affidavit shall be provided to the BIA who shall ensure that the confidentiality of such information is maintained. If a state agency has been designated to be repository for all state court adoption information, that agency may assume reporting responsibilities for the ICWA.

25 C.F.R. § 23.71(b)
The BIA is authorized to receive all information and to maintain a central file on all state Indian adoptions. This file is confidential and only designated persons shall have access to it. At the request of an adopted Indian individual over the age of eighteen, the adoptive or foster parents of an Indian child, or an Indian tribe, the Division of Social Services shall disclose such information as may be necessary for purposes of tribal enrollment or to determine any rights or benefits associated with tribal membership, except the names of the biological parents where an affidavit of confidentiality has been filed, to those persons eligible under ICWA to request such information. The chief tribal enrollment officer of the BIA is authorized to disclose enrollment information relating to an adopted Indian child where the biological parents have by affidavit requested anonymity. In such cases, the chief tribal enrollment officer shall certify the child’s tribe, and, where the information warrants, that the child’s parentage and other circumstances entitle the child to enrollment consideration under the criteria established by the tribe.