I don’t have first hand knowledge but I know we were presented for a few situations that were similar.  Our adoption consultant told us that rarely are there any issues with the ICWA and you would likely know before hand if they were planning on protesting the adoption.  I’d just look into it and ask your specialist is there any chance the council will object to the adoption.

Good luck

Each tribe defines who is in their tribe so percents, mother/father line etc changes with each tribe. I know some situations where the tribe claimed the child, others when they didn’t and one in which the adoptive parents agreed to a cultural consultant and to bring the child to a pow wow once a year.

I have no knowledge re Navaho feelings re adoption outside the tribe.

I read one tribe, in California, took an an Iowa adoption attorney to court, because they believed she violated ICWA. The legal document was so difficult to read, I don’t know the actual outcome of the case.

I also have read of one adoptive couple who actually lost their child, after they had adopted her,  because the tribe said a violation had occured.

It is good that you are asking questions and researching.  This is one area, I believe, that you can’t be too careful.

Sorry, I don’t have any first hand knowledge or experience.

Hope this helps!

“(3) The Navajo Tribe looks with disfavor upon the adoption of Navajo children by non-members of the Tribe in cases where the parents of the children are living, in good health, and have not abandoned or continuously neglected said children.”

First off, congratulations!  I don’t want to scare you, but check out this website: http://www.saveveronica.org.  This little girl was taken away from her family at 18 months old and given to her biological father because of the Indian Welfare Act of 1978.

Thank you all so much for the kind words and the information.  I knew that there was some involvement, but didn’t realize how much the tribe has a say in it.  I guess I just need to talk to our agency and lawyer.  I am so happy and look forward to the birth of this baby, but I’m not going to lie it scares me a little.

It depends if the birth parent(s) is an active member of the tribe. Often BMs say they are native American and they don’t even have affiliation with the tribes. Often the tribes are not interested but they do need to get notified because of the ICWA. I was a little worried too as our son’s BM had noted part Cherokee Indian. It ended up being fine, the tribe was notified and had no interest in the child. Our agnecy said ueually it’s not a problem. Good luck!!

I agree with Patsymae, Native American adoptions are very different than non-Native American ones.  If you plan to continue, please be aware of this.

I agree with Patsymae, Native American adoptions are very different than non-Native American ones.  If you plan to continue, please be aware of this.

It may be quite naieve to rely on your adoption attorney who may believe, regardless of the law, that he/she can push through the adoption of a child who is part-Native American.  If you know for certain that the child’s heritage is 1/4th Navaho, then it is far different from a case in which one or the other expectant parent merely claims that they are part-Native American, but have no affiliation.

    I would want some very important questions answered.  Have BOTH parents agreed to an adoption?  Has the tribe also agreed, and will they allow a non-Native family to adopt?  Has the placement been offered TO Native families?  Especially to birth relatives within the tribe?  Have they been contacted and asked, or have the expectant parents just claimed that they are not interested?  Is any of the information in writing, or is it just hearsay from your attorney or agency or the expectant parents?

    I’m sorry to say this, but you’ve referred to the unborn child as “my child,” when, in fact, he is NOT your child.  He may someday become your child, but wishing all of this away, when the laws were established to prevent Indian or part-Indian babies from leaving their tribes, is not at all a good idea.  While it would be very painful to lose the possibility of this placement now, better that that be the case than that you take Baby home and THEN have to give him back.  I would not be taking ANY attorney’s word for this, in your place, nor would I merely hope that all will be well, do nothing, so as to enjoy feeling happy.  There is too much at stake for this child.  It is traumatizing and devastating for the CHILD—most of all—when he or she becomes the object of Tug of War between prospective adoptive parents and his/her tribe.  Your responsibility is first to the child, and not to yourselves.  Please do your research. Adoption specialists, adoption attorneys, and even adoption agencies say and do all SORTS of things that they should not be doing, that get families in LOTS of trouble, in terms of securing placements.  You do NOT want to become yet another statistic, another legal case that drags on and on and often ends most unhappily. 

Jane A. Brown, MSW

First, just want to point out that what I posted isn’t my own opinion; it was taken from a tribal document.
It disturbs me and I think is potentially disastrous for potential adoptive parents, especially those who are not native and expect to adopt a native child, to refer to an unborn child not of your conception as “our child” or to refer to a child who was illegally adopted as being taken from “her family,” which the people who illegally adopted her were not, to be given to her “biological father”—in other words, her father, who is her family.
As in any adoption, people who wish to adopt are not in any way entitled to other people’s children.
And Jane’s cautionary note is serious. Native nations can, will, have and will continue to take whatever measures they have to, for as long as they have to, to recover tribal children who were illegally adopted outside their nations. You absolutely should not assume that the ICWA is frivolous or unimportant, or that a good attorney can skirt around it, or that if someone has custody of the child for a long period of time they will be able to keep a Native child against the wishes of the tribe. That simple will not happen. You need an attorney who will be in touch with the Navaho authorities to find out first of all who if anyone in the natural family is enrolled with the tribe, and then go from there.

Once again thank you for the information.  When I wrote “our child” it was not in text that he is ours.  I am very aware that he is his mother’s (and he will always be hers) even if the adoption takes place.  I meant that in the sense after the adoption.  I want everything to be legal and morally correct.  The attorney is already informing the tribe and after the birth we will wait 10 days before we hear word.