Title 25 — IndiansRelease 119-73not60

§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 Apr 5, 2026|Official source

Summary

When a State court finalizes an Indian child’s adoption after November 8, 1978, it must send the Secretary the final order and basic identity and placement details. If the adopted child is over eighteen, or the adoptive or foster parents or a tribe asks, the Secretary must provide information needed to enroll the child or decide tribal membership rights and benefits. If birth parents signed a request to remain anonymous, the Secretary must, when records support it, certify to the tribe that the child’s birth and parentage meet the tribe’s enrollment rules.

Full Legal Text

Title 25, §1951

Indians — Source: USLM XML via OLRC

(a)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.

(b)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

Apr 5, 2026

Release point: 119-73not60