Tribal Customary Adoption in Colorado

Tribal customary adoption (TCA) is a form of adoption rooted in the customs and traditions of individual Native American tribes.

Unlike standard state-court adoptions, TCA is specifically designed to honor tribal law, maintain cultural connections, and keep Native children within their communities whenever possible.

Read more about tribal customary adoption, get guidance from an adoption professional, or learn more about the Indian Child Welfare Act here.

What Makes Tribal Customary Adoption Unique?

Tribal customary adoption (TCA) was formally recognized under the Indian Child Welfare Act (ICWA) in 2016, but its availability and legal framework vary by tribe and state.

Native American parents or parents to eligible children can pursue tribal customary adoption or private adoption through an adoption agency. Adoptions for Native American parents and children are also governed by the Indian Child Welfare Act (ICWA).

In many cases, TCA allows a child to be placed with a family chosen by the birth mother and approved by the tribe—sometimes without fully terminating the birth mother’s parental rights in the way a traditional adoption does.

Instead of severing legal ties completely, TCA may modify parental rights, allowing the child to maintain tribal membership, cultural identity, and sometimes ongoing connection with their birth family.

Key features of tribal customary adoption:

• Governed by tribal custom, not state adoption law
• May not require termination of parental rights
• Allows child to retain tribal enrollment and cultural identity
• Placement decisions often involve tribal court or tribal customs
• Degree of openness and contact varies by tribe

For Native families facing an unplanned pregnancy, TCA can be a way to place their child in a safe, loving home while preserving cultural ties and honoring their tribal heritage.

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

Tribal customary adoption is not universally available in every state or for every tribe. Its recognition depends on both state law and the customs of the specific tribe involved.

In Colorado: Colorado adoption guidelines for tribal members or eligible children can be found here. Colorado courts are required to comply with ICWA, which means that if a tribe has its own customary adoption laws, those customs may be recognized in certain cases—particularly if the case is heard in tribal court or if the tribe intervenes in state court.

What this means for you:

• If you are a member of a federally recognized tribe (or your baby qualifies as an “Indian child” under ICWA), your tribe may have the right to intervene in an adoption proceeding.
• Some tribes in Colorado and surrounding states—such as the Southern Ute Indian Tribe and Ute Mountain Ute Tribe—may have their own adoption customs that could apply to your situation.
• If your tribe recognizes TCA, you may be able to work with tribal social services or a tribal court to create a customary adoption plan that aligns with your tribe’s traditions.

Not sure if your tribe offers TCA?
Contact your tribe’s social services department or Indian Child Welfare (ICW) office. They can explain what adoption options are available under your tribe’s customs and whether TCA is recognized.

If TCA isn’t available through your tribe, you still have other options—including ICWA-compliant private adoption, which can honor your child’s heritage while providing legal permanency.

Your Rights in an ICWA Adoption—and Why They Matter

The Indian Child Welfare Act (ICWA) is a federal law passed in 1978 to protect Native American children and families. If you are a member of a federally recognized tribe—or if your baby qualifies as an “Indian child” under ICWA—this law provides you with important rights and protections.

These rights and protections include things like:

1. Right to legal representation

If you work with a licensed adoption agency, you will likely already have an adoption attorney representing you, but ICWA also governs this.

2. Tribal notification
Your tribe must be notified of any adoption proceeding involving your child and may be able to intervene in court proceedings.

3. Placement preferences
ICWA establishes a preference order for Native American children to be placed with family or tribal members.

4. Higher standard for termination of parental rights

5. Right to withdraw consent
Under ICWA, you may have a different timeline for consent and withdrawal depending on your state’s laws.

These protections exist to ensure that adoption decisions involving Native children are made carefully, with respect for tribal sovereignty and cultural continuity.

For your exact situation, it is best to contact an adoption professional or adoption-specific lawyer who is familiar with ICWA. Learn more about ICWA and your adoption here.

How Does TCA Compare to Private Adoption?

Both tribal customary adoption and private adoption can provide a loving, stable home for your baby—but they work in different ways. Here’s how they compare:

Tribal Customary Adoption (TCA)

• Governed by tribal law and customs
• Parental Rights are often modified, not fully terminated
• Tribe plays a central role
• Finality varies by tribe; may be less permanent
• Strong emphasis on maintaining tribal ties
• Openness varies by tribal custom
• Only available if your tribe recognizes TCA

Private Adoption (ICWA-Compliant)

• Governed by state law, with ICWA protections
• Typically parental rights are terminated (but you can still have open adoption contact)
• Tribe is notified and may intervene; placement preferences apply
• Legally permanent once finalized
• Can honor culture and give preference to Native families
• You choose the level of openness (photos, letters, visits)
• Available in all states, including Colorado

Which is right for you?
If maintaining your legal connection to your child and keeping the adoption within tribal jurisdiction is important, TCA may be the right path—if your tribe offers it.

If you want legal permanency, more control over choosing the adoptive family, and the option for open adoption with ongoing contact, private adoption may be a better fit.

Both options can honor your child’s Native heritage and keep their cultural identity intact—especially if you choose a family that shares your values or tribal background.

Can I Choose a Native Family in a Private Adoption?

Yes. Even if you pursue a private adoption (rather than TCA), you can absolutely choose a Native American adoptive family—or a family that deeply respects and honors your child’s tribal heritage.

Here’s how:

1. Work with an agency experienced in ICWA adoptions
Some adoption agencies specialize in working with Native birth mothers and have connections to Native adoptive families. They understand ICWA requirements and can help you navigate the process while honoring your culture.

2. Review profiles of Native families
Many adoption agencies maintain profiles of Native American families who are waiting to adopt. You can review these profiles and choose a family that feels right to you.

3. Request cultural considerations
Even if you don’t choose a Native family, you can ask that the adoptive family commit to teaching your child about their tribal heritage, supporting tribal enrollment, and maintaining cultural connections.

4. Create an open adoption plan
In most private adoptions today, you can stay connected with your child through photos, letters, phone calls, or visits. This allows you to maintain a relationship and share your culture and traditions as your child grows.

Curious about finding a Native family? Learn more about adoptive families.

How Adoption Can Support You and Your Baby

Whether you choose tribal customary adoption or private adoption, working with a licensed adoption agency provides you with support throughout your pregnancy and beyond.

Here’s what you can receive:

• Financial assistance during pregnancy: Help with rent, utilities, groceries, maternity clothes, transportation, and medical expenses (as allowed by Colorado law)
• Free counseling: 24/7 access to emotional support from counselors who understand
• You choose the adoptive family: Review profiles of families—including Native families—and select the people who will raise your child
• Open adoption options: Stay connected with your child through photos, letters, visits, or whatever level of contact feels right to you
• Post-placement support: Ongoing counseling, support groups, and resources for as long as you need them—even years after placement

Adoption isn’t about losing your child or your culture—it’s about creating a plan that honors both your needs and your baby’s future.

Ready to explore what adoption could look like? Learn more about adoption support here.

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

If you’re considering adoption as a Native mother, it’s important to work with professionals who understand ICWA, respect tribal sovereignty, and prioritize your child’s cultural identity.

Where to find support:

1. Your tribe’s ICW office
Start by contacting your tribe’s Indian Child Welfare office or social services department. They can explain your tribe’s customs, whether TCA is available, and what support they can provide.

2. Adoption agencies experienced in ICWA cases

• American Adoptions – Call 1-800-236-7846 for free, confidential support. They work with Native birth mothers and understand ICWA requirements.
• National Indian Child Welfare Association (NICWA) – Offers resources and referrals for Native families navigating adoption and child welfare issues.

3. Tribal legal services
Many tribes offer free or low-cost legal assistance to members. A tribal attorney can help you understand your rights under ICWA and tribal law.

These resources exist to help you make a decision that honors your values, respects your tribe, and creates the best possible future for your baby.

Looking for Answers? Get Support Today

Facing an unplanned pregnancy as a Native mother comes with unique considerations—legal, cultural, and emotional. You don’t have to navigate this alone.

Whether you’re curious about tribal customary adoption, interested in private adoption with a Native family, or just need someone to talk to, support is available right now.

Ready to talk through your options?
Call 1-800-ADOPTION (236-7846) for free, confidential help 24/7. These professionals understand ICWA and can help you explore all your options.

Want to learn more first? Read more about ICWA and adoption here.