[bobbalove]

Does anyone know anything regarding Missouri Statutes? My wife and I have been in Missouri for three weeks visiting the baby that we are supposed to adopt. We were in the process of a private/open adoption. The birthmother matched with my wife and I six days before her baby was born. She did not tell the birthfather about the child. After the baby was born the birthfather was notified. He took two weeks but finally consented to the adoption. When he consented he informed the social worker that he was part Cherokee Indian. My wife and I were just informed that regardless of the birthparents wishes, if the baby is eligible for membership into the Cherokee tribe they will prevent us from adopting the baby and place the baby in a Cherokee home. Does anyone have any experience with this? My wife and I have spent the last three weeks bonding with this child and it tear us to pieces to have to leave her! We just cannot believe that regardless of the birthparents wishes this can happen.

[tb1braswell]

Doesn't the parent with Cherokee heritage have to be a registered member with the tribe for the tribe to step in? Do you know if the bfather is a registered tribal member?

[Missourimomtobe]

Bobbalove,

As luck would have it, hubby and I literally just returned from a lengthy consultation with a very experienced adoption attorney in KCMO (does more than 100 adoptions annually and has done them for 28 years). I don't know where you are in MO, but I can give you his name if you PM me or privately email me.

Essentially, yes, tribes do have the right to place the child in a Native American home. HOWEVER! There ARE ways that you can usually work with a tribe ... the attorney assured us that if a Native American child is involved, we can most definitely adopt. I urge you to contact an attorney tomorrow wherever you are, and do NOT take "can't help you" for an answer.

I wish you the best - don't despair! With patience and a bit of extra money for an attorney, you will probably be able to work things out.

Namaste,

Missourimomtobe