Can voluntary adoption take place in tribal court?
The answer to this question is dependent upon the law of each tribe. Some tribes do not believe in adoption under any circumstances and do not provide for adoption in tribal law. Other tribes have adoption ordinances that mirror state adoption laws. Some tribes have laws that permit adoption of tribal children, but only by tribal members or perhaps other Indians. The law of each tribe must be reviewed to determine the answer to this question. In some cases, the permanent placement of an Indian child who is the subject of a state child custody proceeding can be facilitated by transferring the case to tribal court. Tribes and tribal courts are not subject to the ICWA unless the tribe in question has incorporated the ICWA into tribal law.
