Adoption
Indian Child Welfare Act (ICWA) Adoptions
Carefully handled adoptions involving the Indian Child Welfare Act — a complex and consequential area of federal law.
ICWA: a complex area of federal law
The federal Indian Child Welfare Act has been the subject of extensive litigation in state courts, federal courts, and even the U.S. Supreme Court. Not understanding ICWA can be devastating to both the child and the prospective adoptive parents.
Determining whether ICWA applies
The threshold question in many adoptions is whether ICWA applies — whether the child is an Indian child as defined by the Act. We screen every adoption for ICWA, work with tribes when required, and document the analysis carefully.
Successful experience under ICWA
“Our founding attorney has successfully finalized adoptions of Native American children by non-Native American adoptive parents.”
Our founding attorney has successfully finalized adoptions of Native American children by non-Native American adoptive parents. Each of those cases required careful compliance with ICWA's notice, placement preference, and active efforts requirements.
Coordination with tribal counsel
ICWA cases often involve coordination with tribal social services and tribal counsel. We approach those relationships with respect and the recognition that tribes have a legitimate interest in the placement of their children.
Contested ICWA matters
When ICWA placements are contested, the legal standards differ significantly from a typical adoption contest. The case may turn on whether active efforts were made and whether good cause exists to depart from ICWA's placement preferences. These cases require seasoned counsel.
Honest evaluation of viability
“We give our clients an honest assessment of whether they have a viable path to complete an adoption when ICWA applies — and we tell them when the answer is no.”
We give our clients an honest assessment of whether they have a viable path to complete an adoption when ICWA applies — and we tell them when the answer is no. That candor protects families from heartbreak built on unrealistic expectations.