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Adoption (Native American Law)

Adoption Under Native American Law

Whether you are adopting a child of Native American descent or in the midst of understanding the adoption process involving state and federal laws, Murray, Ziel, and Johnston, PLLC are committed to providing compassionate and knowledgeable representation. Our experienced legal team is dedicated to guiding families through the Indian Child Welfare Act (ICWA) and ensuring that every adoption is handled with respect for tribal authority and cultural heritage.
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Understanding Adoption with the ICWA

The Indian Child Welfare Act (ICWA) is a federal law in the United States created to protect Native American children and preserve the strength of their families and tribes. Before ICWA, many Native American children were removed from their families and placed in non-Native homes, often with little regard for their cultural heritage or tribal connections. ICWA ensures that adoption cases involving Native American children are handled with sensitivity to their culture and the legal rights of their tribes and families.

Key aspects of ICWA:

Jurisdiction

ICWA gives tribal courts priority in child custody cases involving Native American children, ensuring tribal involvement in legal decisions.

Placement Preferences

Native American children are given priority to be placed with extended family, other tribe members, or Native American families, preserving cultural ties.

Parental Rights

ICWA protects the rights of Native American parents, requiring clear proof before parental rights can be terminated or children can be removed from their care.

Standard of Proof

ICWA sets a higher standard of evidence in child custody cases, ensuring decisions are made with strong legal justification to protect the child and the tribe's interests.

If you need guidance or legal assistance with an adoption or child custody matter involving ICWA, contact our experienced attorneys to help you navigate this process and protect your rights.

Guiding You Through Tribal and Federal Jurisdiction

Adoption under Native American law often involves dual jurisdiction—federal law under ICWA and the specific tribal laws of the child’s nation. Our attorneys at MZJ have extensive experience in managing the processes of these cases, from understanding tribal court jurisdiction to ensuring proper representation at every level.

Why Choose Us

We are dedicated to providing compassionate, culturally sensitive legal services that respect the law and Native American culture. With our in-depth knowledge of ICWA and tribal law, we work diligently to ensure that your adoption process proceeds smoothly, with full compliance and respect for all involved parties.
Contact us today to schedule a consultation and learn more about how we can assist with adoption under Native American law.
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