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#1
10-06-2008, 08:10 PM
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Native American Adoptions
Has anyone adopted a child that was part (or all) Native American? I know it has it's own complications. We were contacted about a possible cc/na situation. Just hoping for some info that could help us.
I don't yet know the tribe. I don't expect in depth legal advice because I will contact our attorney as soon as we know more info. But any help would be appreciated. Thanks!! -Kristin
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#1 DS  1/12/04 B came to us as a foster infant Our miracle placement - a healthy 7 week old infant that was a clear TPR and foster to adopt placement, and he was our first foster placement! 7/21/06 adoption finalization #2 somewhere out there is our daughter... Decided to go with domestic independent adoption Started adoption research 12/07 Signed with Lifetime (facilitator) 1/08 Home Study and profiles done Waiting, waiting, waiting  ... 3/08Matched and waiting for 6/27 due date 5/14/08 Match fell apart 5/23  Back to waiting... Baby Girl born 12-20-08  Brought her home Christmas Eve  Celebrating the journey of life at www.washingtonmama.blogspot.com 
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Adoption Information
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#2
10-06-2008, 09:06 PM
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We've looked into it, as my husband is non status/Metis (we're not sure where he fits exactly, as he was adopted and we don't know where his bgrandmother signed on the treaty).
I don't know about the States, but here in Canada, adopting a Treaty child is next to impossible. Bands MUST consent, and very very very few do. If the child is non status, then it can proceed as a regular adoption from what I know. Honestly, it makes me more than a little mental. While I understand that the spectre of children being ripped from their homes is a very real and recent event, having children live in foster care when there are ppl that are wanting to adopt them makes no sense to me either.
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God doesn't call the equipped. He equips the called. Proud homeschooling Momma 
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#3
10-06-2008, 09:13 PM
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Where I live, if the child is eligible for enrollment, there are hoops that you have to jump through. The NA parent cannot sign until 10 days after the birth and it must be done in front of a judge. Also, they then have until finalization to revoke consent. I don't know if that's the case everywhere, but it is here.
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#4
10-07-2008, 05:35 AM
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Quote:
My understanding is that a Native American child falls under ICWA (the Indian Child Welfare Act) if his/her parents are registered with a Native American tribe. If one or both parents are registered, then the tribe has the right to make decisions regarding the child's placement. A tribe can choose to allow the birthparent / social workers (depending upon whether it is a foster care or an adoptive situation) to decide where to place the child, or it can select adoptive or foster parents from within the tribe. But it's up to them. If neither parent is registered, then ICWA does not apply and the adoption is no different from any other domestic adoption.
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#5
10-07-2008, 07:05 AM
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There is a person on these boards named Devil Dog Wife. She adopted her Native American son Cameron through a facilitator. You should PM her and ask for more insight on this tedious process.
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#6
10-07-2008, 07:06 AM
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Just wanted to say make sure you talk to an attorney who HAS worked with that specific tribe as they can give you the best answer. In Oklahoma, they do a search and if any of the birth-GRANDPARENTS are registered, even if they chose to not be a part of the tribe and therefore did not enroll their children, some tribes still consider the tribal link intact. For ICPC in Oklahoma they actually have a tribal liason and you provide the family names as far back as you can and they search to make sure you wont have any issues later on and that the ICWA laws have been abided by.
good luck ! gina.
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Momma to Aidan, Owen & Elin !
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#7
10-07-2008, 08:19 AM
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Quote:
I think it goes farther back than just the parents. I think it goes back to any grandparent registered since like 1906 or something like that.
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#8
10-07-2008, 09:10 AM
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My children are Native American
Their biomom is registered with a tribe, however the tribe is not Federally recognized so ours proceeded as a regular adoption. The caseworkers did have to verify all this with ICWA - I believe the birth fathers were not registered with their tribes.
When the tribe is Federally recognized (which apparently it's working on) then our children will qualify for benefits. We are trying to figure out how to register them. Birth Grandma is very involved in the tribe, and has given us some info on how to register, but we have to have birth certificates (which we don't have the original ones - and the new ones have Hubby's and my information on them - so they wouldn't qualify). Still don't know how to proceed. Probably not helpful to you! Sorry!
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Mary in TX http://marythemom-mayhem.blogspot.com http://rad-online.org/ Mom to biokids Ponito(10) and his sister Bob(13) Sibling pair adoptive placement from NE 11/06 Finally finalized on Kitty(14) on 3/08 - 2 weeks before her 13th birthday! Finalized on her brother Bear(16) 7/08. He turned 15 the next day. Adopted children are diagnosed with RAD, bipolar disorder, severe PTSD, ADHD, ODD... " Life isn't about how to survive the storm, but how to dance in the rain."
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#9
10-07-2008, 03:00 PM
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Yes, feel free to pm me! I'm very busy with our new foster daughter, but will find the time to answer.
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Signed with facilitator 1/23/07  Profile completed & sent 2/07 M a t c h e d ! 8/23/07  Cameron is born 11/10/07  FINALIZED!!! 4/3/08  Cameron is diagnosed with Hypoplastic Left Heart Syndrome 11/10/07 Life is beautiful, but it's complicated. We barely make it. We don't need to understand, There are miracles, miracles. Yeah, life is beautiful. Our hearts, they beat and break. (Vega 4)
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#10
10-07-2008, 07:26 PM
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Thanks everyone for the input! We have a great AAAA attorney that will be walking with us on this, but it's always nice to get advice from those who are "in the trenches"!
 -Kristin
__________________
#1 DS 1/12/04 B came to us as a foster infant Our miracle placement - a healthy 7 week old infant that was a clear TPR and foster to adopt placement, and he was our first foster placement! 7/21/06 adoption finalization #2 somewhere out there is our daughter... Decided to go with domestic independent adoption Started adoption research 12/07 Signed with Lifetime (facilitator) 1/08 Home Study and profiles done Waiting, waiting, waiting ... 3/08Matched and waiting for 6/27 due date 5/14/08 Match fell apart 5/23 Back to waiting... Baby Girl born 12-20-08 Brought her home Christmas Eve Celebrating the journey of life at www.washingtonmama.blogspot.com
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#11
10-07-2008, 07:37 PM
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Quote:
It's my understanding the ICWA could still apply if either parent is qualified by blood percentage to register in the tribe.
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#12
10-07-2008, 08:44 PM
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Here is a link that looks pretty helpful.
Indian Child Welfare Act (ICWA) FAQ - National Indian Child Welfare Association
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11/07 Started research on infant domestic adoption 01/08 Met with Home Study Agency 03/08 Started Home Study 05/06/08 Yeah! Home Study approved! 
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