Where to look? Tribal rights for non-native adopted kids?

[RollerCoasterMama]

This is a little convoluted...my STBX's kids from his first marriage were adopted by their step dad. Step dad is on the birth certificate. Step dad's kids are entitled to academic benefits.

Does anyone know where I can confirm if they would qualify? My gut tells me that once the child is legally adopted, they're entitled to all the rights of a natural child. But are there exceptions for tribal rights?


There seem to be tons of info on adopting a Native American child, but nothing much where the tribal member adopts a non-Native child.

Any help to shed light would be welcome!!

[JessicaS]

Hello!

No, they are not. A lot of that depends on blood quantum and such.

But if their step dad is on the birth certificate then it might be overlooked.

[NightOwlwithowlet]

DH is American Indian and in his tribe, benefits do not extend to adopted children, unless they are from the same tribe. Our son is half American Indian and because I am not native, he is not entitled to any rights (can't live on the reservation, can't receive any tribal benefits, inherit land on the reserve, educational etc). He can receive whatever benefits he'd get from the federal government. DH lost his tribal rights when we married and can only get them back when I die or if we divorce. We knew this when we got married.

Our son can apply for tribal status when he is 18. However, this may vary greatly from tribe to tribe and country (DH is from Canada).

[RollerCoasterMama]

Originally Posted by abimommy

Hello!

No, they are not. A lot of that depends on blood quantum and such

But if their step dad is on the birth certificate then it will probably be overlooked.

Yup...that confirms what I've been seeing. If they don't say anything about step-dad adopting, then they'd be ok by presumption. I found info confirming that legal rights and tribal right aren't the same thing. It doesn't sound like they're willing to take that risk. Can't say I disagree as tempting as it might be.

Thanks.

[JessicaS]

Originally Posted by RollerCoasterMama

Yup...that confirms what I've been seeing. If they don't say anything about step-dad adopting, then they'd be ok by presumption. I found info confirming that legal rights and tribal right aren't the same thing. It doesn't sound like they're willing to take that risk. Can't say I disagree as tempting as it might be.

Thanks.

No legal rights and tribal rights are not the same thing. Tribal rights are very much about blood.

I wouldn't presume, the tribe cannot legally extend benefits to adopted children.

A NA child who was adopted by non-NAs would have tribal rights.

[RollerCoasterMama]

Originally Posted by abimommy

No legal rights and tribal rights are not the same thing. Tribal rights are very much about blood.

I wouldn't presume, the tribe cannot legally extend benefits to adopted children.

A NA child who was adopted by non-NAs would have tribal rights.

Sounds like they got correct information after all. I know very little about tribal law. The info I found made it clear that it's a whole different ball of wax!

Thanks for the quick confirmation. I was only going to butt in if they had wrong info, but since it sounds like they're working with correct info, I'm going to keep my butt to myself. :P