Article XXII. Adoptions
10.10.790 Adoptions.
Tribal custom and practice does not recognize completely severing children from their connections to, or knowledge of, their biological parents, or extended Indian family. The Court, however, shall seek to establish permanency and stability for children subject to the Tribal Court’s jurisdiction in accordance with their best interest and determined on a case-by-case basis.
The purpose of adoptions shall be to give the adoptive child a permanent home and family who will assume all legal duties, rights, relationship, and decisions involving the child. To this end, the following shall apply and be contained in all adoptive orders and decrees:
(A) The adoptive parents and the adoptive child shall be treated under the law as if the relationship was that of a biological child and parent, except as set forth herein;
(B) The adoptive child shall have an absolute right, absent a convincing and compelling reason to the contrary, to accessing information and knowledge about his or her biological family and Tribal heritage;
(C) The adoptive child and members of the child’s biological extended family (including parents) shall have a right of reasonable visitation with each other, subject to reasonable controls of the adoptive parents or by order of the Tribal Court;
(D) Adoption shall not serve to prevent an adopted child from inheriting from a biological parent in the same manner as any other natural child. The natural parents shall not be entitled to inherit from an adopted child in the same manner, as parents would otherwise be entitled to inherit. An adoptive child shall be entitled to inherit from adoptive parents, and vice-versa, in the same manner as if natural parents and child. [Res. 22-R-037, 2/24/2022; Res. 09-R-062 Title 1 § (22)(A), 4/30/2009. Formerly 10.10.750.]