December 21, 2007, Newsletter Issue #94: Transracial Adoption

Tip of the Week

Because of the Indian Child Welfare Act of 1987, adopting a Native American child or baby has severe limitations and restrictions placed upon this type of transracial adoption. This act essentially includes the Bureau of Indian Affairs and the child's tribal authorities in any notification for children being considered in adoption cases. Not only must the court give it's consent to this type of adoption, but the tribal authorities and Bureau must also give their blessing. Arugments for this law cite examples of children that were taken away from birth parents prior to the enactment of the law simply for not having running water or indoor plumbing in their home or children living in conditions considered crowded according to government standards. Obviously opponents to the law see the child or children awaiting adoption and the length of time it can take to place a Native American child into a Native American home as more detrimental to the child's welfare than any sense of loss of ethnicity or culture that the child may experience.

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