Tribal Customary Adoption and Private Adoption in California

If you’re a Native woman in California facing an unplanned pregnancy, you might be weighing options that feel impossibly heavy. Maybe you’re wondering how to honor your baby’s future while staying true to your heritage. Maybe you’re asking yourself if there’s a way forward that doesn’t mean losing connection to your child or your culture.

There is. Tribal customary adoption offers a pathway rooted in Native traditions—one that can keep your child connected to their tribal community without requiring you to sever all ties. Private adoption through ICWA-compliant agencies can also work, especially if you want to choose a family yourself while ensuring your child’s Native identity is protected.

You don’t have to figure this out on your own. Talk to someone today who understands both your options and your heritage.

What is Tribal Customary Adoption in California?

Tribal customary adoption is a form of Native American tribal adoption that follows the customs and traditions of your tribe rather than standard state adoption procedures.

In California, it’s legally recognized under the Indian Child Welfare Act and state law as a way to place Native children within their tribal communities while respecting cultural practices.

Unlike conventional adoption, tribal customary adoption doesn’t always terminate your parental rights completely. Depending on your tribe’s customs, you may maintain certain legal connections to your child—or at least a recognized role in their life.

The specifics vary because each tribe defines what adoption means according to their own traditions, ceremonies, and values.

For many Native birth mothers, what tribal customary adoption is comes down to this: it’s a way to ensure your child grows up knowing who they are and where they come from, even if you can’t raise them yourself.

Can You Choose Tribal Customary Adoption in California? Here’s What to Know

Yes—California is one of the few states that formally recognizes tribal customary adoption in its legal framework.

However, whether this option is available to you depends on your specific tribe and their established customs.

Not every tribe in California offers tribal customary adoption, and those that do may have different processes. Some handle everything through their own tribal courts, while others work in partnership with California state courts.

Here’s what determines your eligibility:

• Your tribe’s recognition of TCA: Your tribe must have established customs around this type of adoption
• Your child’s eligibility under ICWA: Your child needs to qualify as an “Indian child” under federal law, which typically means you or the birth father are enrolled tribal members
• Your tribe’s specific requirements: Some tribes require that you live on or near tribal lands, while others are more flexible
• Whether your tribe has a formal TCA process: Some tribes have written policies; others rely on traditional, unwritten customs

If your tribe doesn’t recognize tribal customary adoption—or if you’re not enrolled but have Native heritage—you can still pursue ICWA-compliant private adoption. This ensures your child’s placement respects tribal preferences and that your tribe is notified and included in decisions.

Not sure if your tribe offers this option? Connect with someone who can help you find out.

Your Rights in an ICWA Adoption—and Why They Matter

The Indian Child Welfare Act (ICWA) was passed in 1978 to address the devastating practice of removing Native children from their families and tribes. If you’re considering adoption for your child in California, ICWA provides important protections:

Notice and Tribal Involvement

Your tribe must be notified when you’re considering adoption. This isn’t about taking away your choice—it’s about ensuring your tribal community has a voice in what happens to one of their children.

Right to Legal Representation

You have the right to court-appointed counsel at no cost to you. This lawyer represents your interests throughout the ICWA adoption process and helps ensure your rights are protected.

Placement Preferences

ICWA establishes a hierarchy for where Native children should be placed:

1. With extended family members
2. With other members of your child’s tribe
3. With members of other Native American tribes
4. With any other suitable family (only after the above options have been exhausted)

Higher Standards for Termination of Parental Rights

If your rights are being terminated, the court must find evidence “beyond a reasonable doubt” that continued custody would cause serious harm to your child. This is a higher standard than in non-ICWA cases.

Active Efforts Requirement

Before your parental rights can be terminated, the agency or state must show they made “active efforts” to provide services that could help you parent your child. This goes beyond the “reasonable efforts” required in non-Native cases.

These protections exist because your child isn’t just connected to you—they’re connected to a sovereign nation. ICWA recognizes that Native children have a political and cultural relationship with their tribe that deserves legal protection.

Even if you choose adoption, ICWA helps ensure your child won’t lose their identity or their people.

How Does TCA Compare to Private Adoption?

Both tribal customary adoption and ICWA and private adoption can honor your child’s Native heritage, but they work differently. Understanding these differences can help you decide which path feels right.

Tribal Customary Adoption:

• Follows your tribe’s specific customs and traditions
• May not require full termination of parental rights (depending on tribal law)
• Handled through tribal courts or state courts working with tribal authorities
• Keeps your child within the tribal community and kinship network
• May allow for ongoing ceremonial or cultural roles for you as the birth mother
• Process and outcomes vary significantly by tribe

Private Adoption (ICWA-Compliant):

• Follows California state adoption law with ICWA protections layered in
• Requires legal termination of parental rights
• Processed through California courts with mandatory tribal notification
• Allows you to choose the adoptive family from available profiles
• Can place your child with Native families or families committed to honoring their heritage
• Provides comprehensive support services including financial assistance, counseling, and medical care
• Offers open adoption options with ongoing contact agreements

The key difference: tribal customary adoption centers tribal sovereignty and custom, while private adoption centers your individual choice within a framework that still protects tribal interests.

Both options can result in your child growing up knowing their language, participating in ceremonies, and understanding where they come from.

Can I Choose a Native Family in a Private Adoption?

Absolutely. Even if you pursue private adoption through a licensed agency rather than tribal customary adoption, you can request—and in most cases, preference will be given to—Native American tribal adoption families.

Under ICWA and private adoption law, placement preferences prioritize:

1. A member of your child’s extended family
2. Other members of your tribe
3. Members of other Native American tribes
4. Other suitable families who will honor your child’s Native heritage

A quality adoption agency will actively recruit Native American families and present you with profiles of families who match these preferences. You get to review these families and choose the one that feels right.

You might meet a family from your own tribe who lives on tribal lands and will raise your child immersed in your shared culture. Or you might choose a Native family from a different tribe who will teach your child about their specific heritage and facilitate connection to your tribe as they grow.

If there aren’t Native families available who feel like the right match, you can select a non-Native family that demonstrates genuine commitment to raising your child with awareness of their tribal identity. This might include families who:

• Have existing relationships with Native communities or tribal members
• Are willing to travel to participate in tribal events and ceremonies
• Will support your child’s eventual tribal enrollment
• Understand the significance of ICWA and respect tribal sovereignty

Your voice matters most. You’re not just agreeing to a placement—you’re choosing the family who will love and raise your child.

How Adoption Can Support You and Your Baby

Whether you’re considering tribal customary adoption or private adoption in California, you deserve comprehensive support. Here’s what adoption can provide:

Financial Support During Pregnancy

• Assistance with rent, utilities, groceries, and everyday living expenses
• Coverage for maternity clothing and pregnancy-related costs
• Transportation to prenatal appointments and tribal consultations
• In some cases, support for a short period after birth

Free Counseling and Emotional Support

• Access to licensed therapists who understand adoption, grief, and cultural identity
• Counselors who respect your tribal traditions
• Support groups connecting you with other Native birth mothers
• Ongoing counseling after placement for as long as you need it

You Choose the Family

• Review detailed profiles of prospective adoptive parents
• Request families who share your tribal background or cultural values
• Meet them in person, by phone, or video call before deciding
• Make the final decision about who will parent your baby

Open Adoption Options

• Create a plan for ongoing contact that works for everyone involved
• Receive photos, letters, and updates as your child grows
• Arrange video calls or in-person visits
• Maintain a relationship with your child over time

Post-Adoption Support

• Continued counseling and grief support after placement
• Connection to birth mother support networks
• Help navigating your feelings as your child reaches milestones
• Resources for managing relationships with the adoptive family

Adoption isn’t about walking away from your baby. It’s about ensuring they have the stability, resources, and love you want for them—while still being part of their story.

Who Can Help? Finding Culturally Aware Adoption Support You Can Trust

Making decisions about tribal customary adoption or ICWA and private adoption requires working with people who understand both the legal complexities and the cultural weight of what you’re going through.

Start with Your Tribe

Your tribe’s social services department, ICWA coordinator, or family services office should be your first point of contact. They can tell you:

• Whether your tribe recognizes tribal customary adoption
• What the process looks like if it’s available
• Who in your tribal government handles these matters
• What your rights are under ICWA
• What placement preferences your tribe has established

Find an ICWA-Knowledgeable Adoption Agency

Not all adoption agencies have equal experience with Native American tribal adoption or ICWA compliance. Look for agencies that:

• Employ tribal liaisons or ICWA specialists
• Have a track record of working with Native birth mothers and families
• Can connect you with Native adoptive families
• Understand tribal notification requirements and timelines
• Respect your cultural values

Connect with a Tribal Advocate

Some organizations specialize in supporting Native families through child welfare and adoption systems. A tribal advocate can:

• Help you understand your rights under both tribal and state law
• Ensure your tribe is properly notified and involved
• Connect you with legal resources if needed
• Advocate for your preferences in placement decisions

Consider Culturally Competent Counseling

Therapy can be invaluable, but you’ll benefit most from a counselor who:

• Has training in working with Native American clients
• Understands the historical trauma of family separation in Native communities
• Respects your cultural and spiritual beliefs
• Can help you process grief while honoring your decision

You deserve support from people who see your full humanity and respect your heritage.

Looking for Answers? Get Support Today

Facing an unplanned pregnancy when you’re trying to honor both your own needs and your cultural identity isn’t easy. You might feel pulled in different directions—by what you want, what your family expects, what your tribe needs, and what feels right for your baby.

The truth is, there’s no single “right” answer. Tribal customary adoption keeps your child within your tribal community and may preserve some legal connection between you. Private adoption gives you more control over choosing a family while still protecting your child’s Native identity under ICWA. Both can result in your baby growing up knowing who they are and where they come from.

What matters is that you make the choice that honors your values and your circumstances—not what anyone else thinks you should do.

Thousands of Native women have walked this path before you. Many have found that adoption—whether tribal or private—allowed them to give their child a future they couldn’t provide while still being part of their child’s story.

Ready to explore what’s possible for you and your baby? Get free, confidential support from someone who understands Native adoption.