Title 25, IndiansRelease 119-110

§1951 Information Availability to and Disclosure by Secretary

Title 25 › CHAPTER 21 — INDIAN CHILD WELFARE › SUBCHAPTER III — RECORDKEEPING, INFORMATION AVAILABILITY, AND TIMETABLES › § 1951

Last updated Sep 22, 2026|Official source

Summary

State courts that enter a final adoption decree or order for an Indian child after November 8, 1978 must send the Secretary a copy and enough information to show the child’s name and tribal affiliation, the names and addresses of the biological parents, the names and addresses of the adoptive parents, and any agency that has files about the adoption. If a biological parent filed an affidavit asking to stay anonymous, the court must include that affidavit. The Secretary must keep this information private and it is not open under the Freedom of Information Act (5 U.S.C. 552). If an adopted Indian child who is over 18, the child’s adoptive or foster parents, or an Indian tribe asks, the Secretary must disclose what is needed to enroll the child in the tribe or to decide membership rights or benefits. If the records include a parent’s anonymity affidavit, the Secretary must, when the facts support it, certify to the tribe that the child’s parentage and birth circumstances qualify the child under the tribe’s enrollment rules.

Full Legal Text

Title 25, §1951

Indians, Source: USLM XML via OLRC

(a)Copy of final decree or order; other information; anonymity affidavit; exemption from Freedom of Information Act

Any State court entering a final decree or order in any Indian child adoptive placement after November 8, 1978, shall provide the Secretary with a copy of such decree or order together with such other information as may be necessary to show—

(1)the name and tribal affiliation of the child;

(2)the names and addresses of the biological parents;

(3)the names and addresses of the adoptive parents; and

(4)the identity of any agency having files or information relating to such adoptive placement.

Where the court records contain an affidavit of the biological parent or parents that their identity remain confidential, the court shall include such affidavit with the other information. The Secretary shall insure that the confidentiality of such information is maintained and such information shall not be subject to the Freedom of Information Act (5 U.S.C. 552), as amended.

(b)Disclosure of information for enrollment of Indian child in tribe or for determination of member rights or benefits; certification of entitlement to enrollment

Upon the request of the adopted Indian child over the age of eighteen, the adoptive or foster parents of an Indian child, or an Indian tribe, the Secretary shall disclose such information as may be necessary for the enrollment of an Indian child in the tribe in which the child may be eligible for enrollment or for determining any rights or benefits associated with that membership. Where the documents relating to such child contain an affidavit from the biological parent or parents requesting anonymity, the Secretary shall certify to the Indian child’s tribe, where the information warrants, that the child’s parentage and other circumstances of birth entitle the child to enrollment under the criteria established by such tribe.

Reference

Citations & Metadata

Citation

25 U.S.C. § 1951

Title 25, Indians

Last Updated

Sep 22, 2026

Release point: 119-110