Title 25IndiansRelease 119-73

§372a Heirs by adoption

Title 25 › Chapter CHAPTER 10— - DESCENT AND DISTRIBUTION; HEIRS OF ALLOTTEE › § 372a

Last updated Apr 6, 2026|Official source

Summary

People who were adopted will not be treated as heirs in probate cases handled by the Secretary of the Interior unless the adoption meets certain conditions. One clear condition is that the adoption was already recognized by the Department of the Interior before the law took effect or was recognized when settling the estate of an Indian who died before the law took effect. An adoption made by Indian custom before the law took effect can be made valid if it is recorded with the local superintendent, both the adoptive parent and the adopted child are still alive, the adoptive parent asks for the recording, and either the adopted child (if an adult) asks too or the superintendent approves for a minor.

Full Legal Text

Title 25, §372a

Indians — Source: USLM XML via OLRC

In probate matters under the exclusive jurisdiction of the Secretary of the Interior, no person shall be recognized as an heir of a deceased Indian by virtue of an adoption—
(1)Unless such adoption shall have been—
(2)Unless such adoption shall have been recognized by the Department of the Interior prior to the effective date of this section or in the distribution of the estate of an Indian who has died prior to that date: Provided, That an adoption by Indian custom made prior to the effective date of this section may be made valid by recordation with the superintendent if both the adopted child and the adoptive parent are still living, if the adoptive parent requests that the adoption be recorded, and if the adopted child is an adult and makes such a request or the superintendent on behalf of a minor child approves of the recordation.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

For

Effective Date

of this section, referred to in text, see

Effective Date

note set out below. Codification First and second paragraphs of this section are from section 1 and 2, respectively, of act July 8, 1940.

Statutory Notes and Related Subsidiaries

Effective Date

Act
July 8, 1940, ch. 555, § 3, 54 Stat. 746, provided that: “This Act shall become effective six months after the date of its approval [
July 8, 1940].”

Executive Documents

Transfer of Functions

For

Transfer of Functions

of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees.

Reference

Citations & Metadata

Citation

25 U.S.C. § 372a

Title 25Indians

Last Updated

Apr 6, 2026

Release point: 119-73