Here is what you need to know:
The federal Indian Child Welfare Act (ICWA) of 1978 was passed to protect Native American children’s connection to their Native heritage and culture at a time when a disproportionate number of Indian children were being removed from their homes and placed with non-Native adoptive and foster families. The goal of ICWA was and is to preserve Native American families, tribes, and culture by governing the foster and adoptive placements of American Indian children, along with protecting Native American history and culture.
ICWA sets guidelines and requirements for how adoption agencies and the child welfare system serve tribal children and birth parents. The act gives tribes legal authority and a voice in child welfare cases and lists criteria for adoptive and foster homes. It places a priority on keeping Indian children with their relatives or other Indian families.
For ICWA to apply, the child involved in the custody proceedings must meet the law’s definition of an “Indian child.” According to the act, an Indian child is any unmarried minor who is either of the following:
- a registered member of a federally recognized Indian tribe
- eligible to be a member of a federally recognized Indian tribe and the biological child of a member of the tribe
Remember that many birth mothers have Native American heritage, but there is a difference between having heritage and being a member of a federally recognized tribe.
However, if a child meets ICWA requirements, an experienced adoption attorney will guide the next steps of the process. At Building Arizona Families/AZ Pregnancy Help, our Domestic Team has received ongoing ICWA training from Jay McCarthy, one of the country’s foremost Indian Child Welfare experts. Our agency has a lot of experience in ICWA adoptions and is ready and waiting to assist you in answering any questions and making an adoption plan.
Disclaimer: Building Arizona Families and AZ Pregnancy Help provides this information as a courtesy and is in no way responsible for its content or accuracy.
