Adoption of Indian Children (ICWA)
The Indian Child Welfare Act (ICWA) is a federal law that was enacted in 1978. The objective of the law is to provide protections and processes to prevent the improper removal of Indian children from their homes and tribes whenever possible. ICWA and the cases interpreting the law and regulations implementing it are complicated and require expertise to ensure compliance.
ICWA provides rights to birth parents in their decision to place their children for adoption with families they choose. A good adoption attorney involved in the adoption of a possible Indian child should know the legal procedures that will comply with ICWA while allowing private adoptions to proceed, when possible, as the birth parents desire.
ICWA laws and procedures are different in dealing with children removed by the State and placed into foster care.
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