Tribal Customary Adoption and Private Adoption in Illinois

If you’re Native and facing an unplanned pregnancy in Illinois, you might be wondering what adoption paths honor both your situation and your culture. Tribal customary adoption is a way for Native children to be placed with families while keeping their tribal connections — but how it works depends on where you live.

This guide explains what tribal customary adoption is and what’s available in Illinois. We’ll also cover your rights under the Indian Child Welfare Act (ICWA) with private adoption and how you can choose a family that honors your culture. If you’d like to discuss your situation, fill out our form to connect with an adoption professional who understands Native family considerations.

What Is Tribal Customary Adoption?

Native American tribal adoption is an adoption process that lets a child be placed with another family while keeping their tribal membership and cultural identity. In most adoptions, the legal relationship between birth parent and child is completely ended. With tribal customary adoption, that relationship changes but doesn’t disappear entirely.

For many tribes, completely ending the parent-child relationship conflicts with cultural values about family. Tribal customary adoption provides stability and a permanent home for the child while preserving the bonds that matter in tribal communities.

Is Tribal Adoption Different From Private or State Adoption?

Here are the main differences:

Legal Process: Standard adoptions go through state courts and completely end parental rights. Tribal customary adoptions are handled by tribal courts and alter those rights instead of terminating them.

Cultural Connection: Private adoptions may involve continued contact after placement. Tribal customary adoption makes ongoing connection a central part of how the adoption works.

How Does Tribal Customary Adoption Work in Illinois?

Illinois hasn’t passed legislation establishing a tribal customary adoption framework like California, Minnesota and other states have. So while some tribes have their own processes, Illinois state courts don’t have a clear way to recognize them.

What does this mean for you? Most Native women in Illinois considering adoption will work with a private adoption agency that handles ICWA adoption cases. These agencies must follow ICWA requirements, meaning your tribe will be notified and can participate in the process. While this path goes through state courts rather than tribal courts, you can still choose a family that will honor your child’s heritage and maintain cultural connections.

What If Tribal Customary Adoption Isn’t an Option?

If tribal customary adoption isn’t available, working with a licensed adoption agency that respects ICWA protections gives you control over the process.

In a private adoption, you can:

• Choose the adoptive family from profiles of pre-screened families
• Place your baby for adoption with a Native family who understands the importance of cultural connection
• Decide how much contact you want after placement

Choosing adoption doesn’t affect your tribal rights or connection to your community. If you’re concerned about how adoption will be viewed within your tribe, talking with a counselor or someone you trust in your community can help you work through these feelings.

Your Rights as a Native Expectant Mother Under ICWA

Your rights as a Native expectant mother are protected under ICWA in private adoptions involving eligible Native children. Here’s what that means for you:

Notification and Involvement: Your tribe will be told about the adoption. They can send a representative to be part of the process and make sure the family you choose will honor your child’s Native heritage.

Transfer to Tribal Court: If you don’t want to go through the state court system, you or your tribe can request to handle the adoption in tribal court instead. If your tribe requests the transfer but you’d prefer to stay in state court, you can object and the case will remain in state court.

Placement Priorities: ICWA asks that Native families be considered first, starting with extended family, then tribal members then other Native families. In a private adoption, your choice matters. If you have specific reasons for choosing a particular family, that’s important and will be considered.

Time to Decide: You cannot consent to adoption until at least 10 days after birth under ICWA, even though Illinois allows consent after 72 hours. This gives you more time to make your decision.

These protections exist to make sure you’re making an informed choice and that your child’s connection to their tribal identity is considered.

Choosing a Native Family for Your Baby

Agencies maintain profiles of waiting families. When you review profiles, you can look for:

• Families from your own tribe or other Native backgrounds
• Families who live near your tribal community
• Families who commit to participating in tribal events and ceremonies
• Families who will teach your child about their heritage

An adoption professional can help you clarify what matters most and present families who align with those priorities.

How Adoption Agencies Support Native Women

Agencies experienced with ICWA placements provide advocacy throughout your journey. They can:

• Explain your rights under federal and tribal law
• Work with your tribe’s ICWA representative or social services
• Help you find Native families or culturally-aligned families
• Create an open adoption plan that maintains cultural ties
• Provide counseling to support you emotionally
• Help you access financial assistance for pregnancy expenses

Making an adoption plan doesn’t diminish your identity as a Native woman. With the right support, you can choose adoption and still keep your tribal rights while ensuring your child has a secure future that honors their culture.

To learn more or connect with an adoption professional who can answer your questions, fill out our contact form.