§1951 Information availability to and disclosure by Secretary

Summary

State courts that approve a final adoption for an Indian child after November 8, 1978, must send the Secretary a copy of that order and enough information to show the child’s name and tribal affiliation, the names and addresses of the birth parents and the adoptive parents, and any agency that has files about the placement. If the adopted Indian child over the age of eighteen, the adoptive or foster parents, or an Indian tribe asks, the Secretary must give the information needed to enroll the child in a tribe or to decide membership rights or benefits. If the records include a sworn request from a birth parent to remain anonymous, the Secretary must, when appropriate, certify to the tribe that the child’s parentage and birth facts meet the tribe’s enrollment rules.