[shannons]

Hi Everyone,
We have been fostering a beautiful 3 yr old native american child. She has been in the system since birth. Her parental rights have been terminated and we planned to proceed with adopting her. We were in the process of petitioning the court for adoption when a relative decided to come forth to adopt her. We were wondering if anyone has info on the child indian welfare act and if there is any chance for us to adopt her when she now has a relative saying she wants to raise her. THe relatives have had three years to come forth, and we believe are now doing so only to prevent her adoption. We love her and want to fight for her, but do we even have a slight chance legally? Please help us if you can!
Loving our angel in WA

[roxanna425]

ICWA states that Native Children are only to be adopted out if there are no available Native homes. Regardless of how long it took the relatives to come forth, ICWA is a Federal law that the social worker must follow. There is one mitigating factor, how long she has been in your home. Consult, the tribe, a lawyer and see the social worker about whether you have a chance. It's unlikely anyone on here can tell you what your chances are given ICWA.

[fm22]

Shannon. If a relative wants to adopt her and can pass the homestudy your chances are not good. Even if your child was not native a relative could come forward. However with a native child who is enrollable in their tribe it is unlikely you will adopt over the relative. If you have any other questions or want to share more, let me know via e-mail, I am in WA also.

[jolean12]

I am sorry you are going through this. I really do not have any advise but just wanted to offer my support.

Although I am wondering since TPR already occurred this relative is no longer considered family. I would thinkthat there would be a problem due to the fact that they are Native American. I would suggest the same as everyone else and get with the SW and an attorney who knows the ICWA laws.