Does ICWA afford a tribe any rights to the Indian adoptees biological parents information?
Yes. In accordance with 1951(b) an Indian tribe can request the Secretary of the Interior to disclose necessary information in its central registry to establish an adopted Indian child’s enrollment or to determine “any rights or benefits associated with that membership.” 25 U.S.C. 1951(b). If the biological parent(s) filed an affidavit with the adoption court to remain anonymous, a BIA administrator on behalf of the Secretary of the Interior, can review and certify the necessary information to satisfy a tribe’s membership requirements while the biological parents’ information remains confidential. Practice Tip: Although the BIA Guidelines suggest that courts can order a BIA official to review and certify an Indian adoptee’s heritage in order to satisfy a tribe’s membership requirement, it is questionable for a court to preclude a tribe, as a sovereign government, from directly obtaining the necessary information needed to determine tribal membership.
