Adopting Native American Children

1062 Views 7 Replies 8 Participants Last post by T. Elena, Apr 4, 2006

LzBianMama

Discussion Starter · Mar 28, 2006

I was interested to know if anyone had adopted a Native American baby. We have a 2 yo son and due to birth complications we are unable to have more children. We do want to adopt a sibling for our DS but are just starting to do the research. My father’s parents were both Native American, my grandmother grew up on the reservation, but refused to allow our family to continue enrollment because of how they were treated. We now have no way to prove the Native American heritage. Do you have to have proof of enrollment with a tribe to be able to adopt Native American children? This would be our first choice if we are able. We are not opposed to mix race children either, but we would like to stay domestic if possible.

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alicia622

· #2 · Mar 28, 2006

ICWA

I think you can adopt even if you don't have a band number (I think that's what it is called) I believe members of the tribe would have preference over a non-member.

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azedazobollis

· #3 · Mar 28, 2006

We are in the process of adopting a child of Native American heritage. Unfortunately, we dont have any info beyond that. She is also part Italian. We are adopting her through our state DCF.

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grisandole

· #4 · Mar 29, 2006

Preference goes to enrolled tribal members first, then non-enrolled NA's, then non-natives. It all depends on the tribe and the child.

You should contact your grandmother's tribe and see what you need to do to get enrolled, it might be easier than you think, and each tribe does it differently.

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Ravin

· #5 · Mar 30, 2006

If you have your birth certificate, your mother's birth certificate, and your grandmother was on the tribal rolls at some point, and it's a tribe that recognizes membership matrilinearly, you might be able to get back in.

Other than that, it's as PP's said, the tribe has first say on who takes in the tribe's children. Priority goes to relatives, clan or lineage members, and tribe, depending on the tribe's rules. From what I understand most tribes are very reluctant to allow their members to be fostered or adopted outside, after generations of having their children taken away.

Canada may have somewhat different rules, I've seen a couple of Adoption Stories episodes with Canadian non-First Nations parents foster-to-adopting First Nations children.

Also, keep in mind that there could well be NA children who are not recognized tribe members out there in need of adoption as well.

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carolsly

· #6 · Apr 2, 2006

Quote:

Originally Posted by grisandole
Preference goes to enrolled tribal members first, then non-enrolled NA's, then non-natives. It all depends on the tribe and the child.

You should contact your grandmother's tribe and see what you need to do to get enrolled, it might be easier than you think, and each tribe does it differently.

DCFS or whatever it is called in your area will make sure all of the ICWA information etc. is taken care of before they allow you to even consider adopting the child.

I am a CASA volunteer in an area with a few tribes.

Personally, dh and I have friends who have adopted children who are NA and the parents are not NA. It took them a little longer. One of the children also has FAS and FAE. The birthmother wanted these parents to take the children though so that may have made it easier.

Good luck.

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HotMama

· #7 · Apr 4, 2006

I am in the same boat as the OP...I have a full-blood grandfather that my grandmother refuses to acknowledge. How do you get beyond this? I don't even know where to start to get registered...My sister and I have guessed as to tribe, but we don't even know that. He is not on her birth cert. because grandma married someone else while still pregnant with mom.

Where this connects to this thread (yes, there is a connection) is that we are also in the adoption process and I'd like to be able to adopt a Native child if that's who comes our way. Anyone out there who knows where I might start?

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T. Elena

· #8 · Apr 4, 2006

I have friends who adopted mixed-race (AA/NA) kids, but those babies' b'mom was from a tribe that is not federally recognized, so the same laws did not apply. Legally, it was a standard domestic adoption (forget which state).

If you want to know more about the laws surrounding this issue (adoption of Native American kids), you might read the chapter on it in Randall Kennedy's _Interracial Intimacies: Sex, Marriage, Identity, and Adoption_. He is a black man, a Harvard law professor, and a widely published author on race, law, and related topics. Very engaging writer who makes legal issues quite accessible and interesting without oversimplifying. He is also a self-described "racial optimist." He is not a big fan of laws that make it harder for needy NA kids (or kids of any race) to find loving families in a timely manner. The book I refer to above is very lengthy, but something I personally consider a "must read" for anyone considering interracial adoption!!!!

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