Tribal Customary Adoption and Private Adoption in Indiana
What is Tribal Customary Adoption in Indiana?
Tribal customary adoption is a culturally grounded form of adoption recognized under the Indian Child Welfare Act (ICWA). It allows Native American children to be adopted according to tribal laws and customs—without requiring termination of parental rights.
Unlike standard adoption, tribal customary adoption preserves the legal connection between birth parents and their child while transferring custody to adoptive parents. This honors traditional Native American tribal adoption practices, where extended family relationships and tribal connections remain intact.
For many tribes, terminating parental rights contradicts cultural beliefs about family and tribal continuity. Tribal customary adoption creates permanent families while respecting these values.
Learn more about how ICWA protects Native children in adoption proceedings.
Can You Choose Tribal Customary Adoption in Indiana? Here’s What to Know
Indiana does not have state-level recognition of tribal customary adoption. Unlike California, which passed legislation in 2010 to recognize tribal customary adoption in state courts, Indiana has not codified this option.
However, Native American tribal adoption options are still available:
Tribal court adoption may be available. If your child is eligible under ICWA and your tribe practices customary adoption, the tribe’s court may conduct a Native American tribal adoption under tribal law.
ICWA-compliant private adoption is available. You can work with licensed adoption agencies to complete a private ICWA adoption that fully complies with protections and placement preferences.
Transfer to tribal court is possible. Under ICWA, you can request that your case be transferred to your tribe’s court, where tribal customary adoption may be an option.
The key is working with professionals who understand ICWA and private adoption and can help navigate your tribal nation’s practices.
Ready to explore your options? Get free, confidential support to discuss what path might be right for you.
Your Rights in an ICWA Adoption—and Why They Matter
The Indian Child Welfare Act provides crucial protections for Native American birth mothers and children. When you choose adoption, you don’t lose these rights—they protect you throughout the entire process.
Right to notice your tribe. Your tribe must be notified, giving them the opportunity to participate and provide support.
Right to legal counsel. You have the right to court-appointed representation in ICWA adoption proceedings.
Placement preferences. ICWA establishes preferences: first with extended family, then tribal members, then other Native families, and finally non-Native families capable of honoring the child’s cultural identity.
Right to request tribal court jurisdiction. You can ask that your case be transferred to your tribe’s court, which may offer tribal customary adoption if your tribe practices it.
Active efforts requirement. Before parental rights can be terminated in an ICWA adoption case, agencies must demonstrate “active efforts” to prevent family separation.
Choosing adoption doesn’t mean losing ICWA protections—it means those protections guide how the adoption happens.
Have questions about your rights? Connect with unplanned pregnancy support resources to get guidance about your situation.
How Does TCA Compare to Private Adoption?
Understanding the differences between tribal customary adoption and private adoption helps you evaluate which path might be available.
Legal process: Tribal customary adoption occurs in tribal court under tribal law. Private adoption occurs in state court under Indiana law.
Parental rights: Tribal customary adoption does NOT terminate your parental rights. Private adoption DOES terminate parental rights.
Tribal involvement: Tribal customary adoption is designed and conducted by your tribe. Private adoption can involve tribal participation through ICWA notice and placement preferences.
Availability: Tribal customary adoption requires your tribe to practice it. Private adoption is available in Indiana with ICWA compliance.
Both options can honor your child’s Native American heritage when approached thoughtfully.
Explore the adoption decision-making process to understand how to choose the path that’s right for you.
Can I Choose a Native Family in a Private Adoption?
Yes, absolutely. Even in a private adoption under Indiana law, you can choose a Native American family or a family committed to honoring your child’s tribal heritage.
ICWA’s placement preferences support this choice. When you work with an adoption agency, you can:
Review profiles of Native American families who share your cultural background. Select families committed to cultural education who will teach your child about their tribal heritage. Request open adoption arrangements that allow you to remain involved in your child’s life. Work with ICWA-trained professionals who understand cultural continuity.
Choosing private adoption doesn’t mean giving up on cultural preservation. With the right agency and family match, private adoption can honor your child’s tribal identity.
Learn about finding an adoptive family and get support to choose a family that shares your values.
How Adoption Can Support You and Your Baby
Whether you pursue tribal court adoption or ICWA-compliant private adoption, you can receive comprehensive support:
- Financial support for pregnancy-related expenses including housing, food, maternity clothing, and medical care. Learn about birth mother expenses.
- Free counseling before, during, and after placement. Find counseling resources.
- Choose the adoptive family by reviewing profiles and selecting parents who match your values. See how to find someone to adopt your baby.
- Open adoption options that allow ongoing contact through letters, photos, phone calls, or visits.
- Post-adoption support including continued counseling.
- Tribal enrollment assistance to ensure your child can access tribal membership.
These supports ensure you feel empowered throughout your adoption journey. Get free counseling and support to help you make the best decision.
Who Can Help? Finding Culturally Aware Adoption Support You Can Trust
Finding adoption professionals who understand Native American adoption and ICWA requirements is essential.
Contact your tribe’s ICWA designated agent. Every federally recognized tribe has a designated person responsible for ICWA matters who can explain your tribe’s practices.
For Indiana connections:
- Pokagon Band of Potawatomi Indians: 1-888-330-1234
- Miami Tribe of Oklahoma: Cultural resource office in Fort Wayne
Work with ICWA-trained adoption agencies. American Adoptions and Gladney Center for Adoption both have staff trained in ICWA compliance.
American Adoptions: 1-800-ADOPTION (1-800-236-7846)
Seek legal counsel experienced in ICWA. An attorney familiar with Indian Child Welfare Act cases can ensure your rights are protected.
Utilize Indiana pregnancy support. Hoosier Healthwise and Healthy Indiana Plan provide Medicaid coverage for pregnant women. Learn more about financial assistance.
Looking for Answers? Get Support Today
If you’re a Native American woman facing an unplanned pregnancy in Indiana, you have options that can honor both your circumstances and your child’s tribal heritage.
While Indiana doesn’t have state recognition of tribal customary adoption, you can still pursue adoption in ways that respect ICWA protections. Whether through tribal court jurisdiction, ICWA adoption with a culturally committed family, or other arrangements, paths forward exist.
Learn more about the Indian Child Welfare Act and how it protects Native children. If you’re deciding between different pregnancy options, explore abortion vs. adoption considerations. You can also learn about when you can give a child up for adoption and the adoption decision-making process.
If you need support right now, contact your tribe’s ICWA office or get free confidential counseling to explore your options. Your child’s tribal identity matters. Your wellbeing matters. Finding the right path forward—one that honors both—is possible with the right support.