Indian Child Welfare Act of 1978

In 1978, Congress passed the Indian Child Welfare Act of 1978 to help keep Indian children with Indian families. The goal of the Indian Child Welfare Act of 1978 was to "to protect the best interest of Indian children and to promote the stability and security of Indian tribes and families." It also, "established the minimum federal standards for the removal of Indian children from their families and placement in foster or adoptive homes which will reflect the unique values of Indian culture."

If a state court is found to have jurisdiction over a case involving an Indian child the court must transfer the case to a tribal court if petitioned by parents, custodians or the tribe. The state is also required to give preference first to extended family members, then to members of the tribe and finally to Indian families. Adoption agencies must also provide services to Indian families before they perform the placement. Finally, if a child is going to be adopted the Indian tribe must be notified prior to the placement. If you are considering adopting an Indian child talk to an adoption lawyer to make sure you understand the legal requirements for adoption.