Tribal Customary Adoption and Private Adoption in North Dakota

If you’re a Native American woman facing an unplanned pregnancy in North Dakota, you might be wondering whether adoption means severing all ties to your tribe and your child’s heritage. Tribal customary adoption offers a different approach—one that honors Indigenous traditions while providing your child with a permanent, stable home.

Tribal customary adoption is a form of adoption practiced within many Native communities that allows a child to be placed with adoptive parents without terminating the birth parents’ rights. Instead of completely ending the legal relationship between parent and child, tribal customary adoption modifies parental rights while keeping the child’s connection to the tribe, culture, and biological family intact..

For Native women considering adoption, understanding both tribal customary adoption and private adoption under the Indian Child Welfare Act can help you make a decision that honors your child’s heritage while meeting your needs. If you want to talk through your options with someone who understands ICWA and tribal adoption practices, free and confidential support is available.

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

North Dakota does not currently have a state law specifically codifying tribal customary adoption the way California, Iowa, and some other states do. However, this doesn’t mean tribal customary adoption isn’t available to you.

North Dakota is home to five federally recognized tribes:

• Mandan, Hidatsa, and Arikara Nation (Three Affiliated Tribes) on the Fort Berthold Reservation
• Spirit Lake Nation on the Spirit Lake Reservation
• Standing Rock Sioux Tribe (spanning North Dakota and South Dakota)
• Turtle Mountain Band of Chippewa Indians on the Turtle Mountain Reservation
• Sisseton-Wahpeton Oyate Nation (with lands in North Dakota and South Dakota)

Each tribe has its own laws, customs, and traditions regarding child welfare and adoption. Some tribes practice customary adoption as defined by their own tribal codes, while others may offer different permanency options that don’t require termination of parental rights.

If you’re enrolled in or eligible for enrollment in a federally recognized tribe, your child’s adoption case falls under the Indian Child Welfare Act regardless of whether you choose private adoption or explore tribal customary adoption options. This means your tribe has the legal right to participate in decisions about your child’s placement and can request that the case be transferred to tribal court.

To find out whether your specific tribe offers tribal customary adoption, contact your tribe’s social services department or tribal court. They can explain what permanency options are available under your tribe’s laws and customs.

Your Rights in an ICWA Adoption—and Why They Matter

The Indian Child Welfare Act protects Native American children and families in all adoption proceedings, including voluntary private adoptions. If you’re a member of a federally recognized tribe and considering adoption, ICWA gives you important rights designed to keep Native children connected to their tribal communities and protect against the historical practice of removing Native children from their families.

Your key rights under ICWA include:

The right to legal counsel. If you cannot afford an attorney, the court must appoint one for you at no cost. This ensures you have someone protecting your interests throughout the adoption process.

The right to have your tribe notified. Before any adoption proceedings can move forward, your child’s tribe must be notified. The tribe has the right to participate in the case and can provide support and resources to you during this time.

Placement preferences. ICWA establishes preferences for where Native children should be placed if adopted. First preference goes to extended family members, then to members of your child’s tribe, then to other Native families. You can express your own preferences within these guidelines, and the court must consider them.

Active efforts to prevent family separation. Unlike the “reasonable efforts” required in non-ICWA cases, ICWA requires “active efforts”—a higher standard that involves culturally appropriate services designed to keep Native families together when possible.

The right to request tribal court jurisdiction. You, your child’s father, or your tribe can request that the adoption case be transferred to tribal court rather than state court. This allows your tribe to handle the adoption according to tribal law and custom.

Protection against coercion. No one can pressure you to consent to adoption, and your consent cannot be taken until at least 10 days after your child is birth. You have the right to withdraw consent for any reason before a final adoption decree is entered.

These protections exist because of the historical trauma caused by forced removal of Native children from their families and communities. ICWA recognizes that tribes have a vital interest in their children and that maintaining cultural connections benefits Native children’s wellbeing.

How Does TCA Compare to Private Adoption?

Understanding the difference between tribal customary adoption and private adoption can help you decide which path might be right for your situation.

Tribal Customary Adoption:

• Parental rights are modified, not terminated
• Adoption order comes from tribal court based on tribal law and custom
• Child maintains tribal citizenship and enrollment rights
• Birth parents may retain specific rights defined by the tribe (inheritance, contact, cultural participation)
• Process and requirements vary by tribe
• Primarily available only where state law recognizes TCA or through tribal court jurisdiction

Private Adoption (ICWA-compliant):

• Parental rights are legally terminated
• Adoption order comes from state court (unless transferred to tribal court)
• Child can still be enrolled in the tribe if they meet enrollment criteria, but some tribes don’t allow enrollment after TPR
• Birth parents have no legal rights after termination, though open adoption agreements may allow ongoing contact
• Process follows state adoption laws with ICWA protections
• Available throughout North Dakota through licensed adoption agencies

Both types of adoption can honor your child’s Indigenous identity if approached with cultural sensitivity. The main difference is whether parental rights are terminated or modified, and whether the adoption is finalized through tribal or state court.

Which option might work for you?

Tribal customary adoption may be preferable if:

• Your tribe offers TCA and you want to maintain certain legal connections to your child
• You want the adoption to be handled entirely within your tribal community
• Termination of parental rights conflicts with your cultural beliefs
• You want to preserve your child’s inheritance rights or tribal benefits that might be lost through TPR

Private adoption might be preferable if:

• Your tribe doesn’t offer TCA or you prefer to work with a licensed adoption agency
• You want the legal permanency and stability that comes with termination of parental rights
• You want to choose from a wider pool of adoptive families, including non-Native families who respect your child’s heritage
• You need financial support during pregnancy that may be more readily available through private adoption

Can I Choose a Native Family in a Private Adoption?

Yes. If you choose private adoption rather than tribal customary adoption, you can still select a Native American family or a family who will honor your child’s tribal heritage and maintain cultural connections.

Under ICWA, the court must follow placement preferences: first to extended family, then to tribal members, then to other Native families. However, as the birth mother, you have the right to express your preference for placement, and the court must consider it.

Many licensed adoption agencies work with Native American families who are specifically hoping to adopt Native children. When you work with an agency that understands ICWA, they can help you find adoptive families who meet ICWA placement preferences and who will:

• Maintain your child’s tribal enrollment
• Participate in tribal cultural activities and ceremonies
• Teach your child about their Indigenous heritage
• Keep connections with the tribal community
• Honor open adoption agreements that allow you to maintain contact

Private adoption doesn’t mean your child loses their Indigenous identity. With the right adoptive family and an open adoption arrangement, your child can grow up knowing their culture, their tribe, and you.

How Adoption Can Support You and Your Baby

Whether you choose tribal customary adoption or private adoption, you deserve comprehensive support throughout your pregnancy and beyond. Licensed adoption professionals who understand ICWA can provide:

• Financial support during pregnancy for rent, utilities, groceries, maternity clothing, and medical expenses not covered by insurance. This support can continue for up to six weeks after birth under North Dakota law.
• Free counseling available 24/7 with professionals who understand both adoption and the unique considerations for Native families. This includes help processing your feelings, exploring your options, and making decisions that align with your values and your child’s best interests.
• Choosing the adoptive family after reviewing profiles of families who have been thoroughly screened. You decide what matters most to you—whether that’s finding a Native family, a family who will maintain tribal connections, or other factors important to your child’s future.
• Open adoption options that allow you to maintain contact with your child through letters, photos, visits, or whatever level feels right to you. For many Native birth mothers, open adoption provides a way to stay connected to their child’s life while ensuring they’re raised in a stable home.
• Post-adoption support that continues after placement, including counseling and help navigating your relationship with the adoptive family. This ongoing support can be especially valuable as you process your feelings about the adoption over time.

Financial assistance through adoption can help you focus on your health and your future without the added stress of pregnancy-related expenses.

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

Finding adoption support that respects your rights under ICWA and understands the importance of maintaining your child’s tribal connections is important. Here are resources that can help:

American Adoptions (1-800-236-7846) is a national agency that works with Native American families throughout North Dakota. They understand ICWA requirements and can help you navigate both private adoption and tribal adoption options. Their counselors can explain how to work within ICWA guidelines while making an adoption plan that feels right for you.

Your tribe’s social services or child welfare department can explain what adoption options exist within your tribal community, whether your tribe offers tribal customary adoption, and how they can support you if you choose private adoption. They can also help facilitate communication between you, the adoption agency, and tribal court if needed.

Tribal ICWA representatives serve as liaisons between your tribe and state courts in ICWA cases. They can answer questions about your rights, help you understand the adoption process, and ensure ICWA protections are being followed. Contact information for your tribe’s ICWA designated agent can be found through the Bureau of Indian Affairs.

Culturally competent adoption agencies understand the unique needs of Native families and can help you find adoptive families who will honor your child’s Indigenous heritage. When choosing an agency, ask:

• Do you have experience with ICWA adoptions?
• Can you help me find Native adoptive families?
• How do you ensure adoptive families will maintain my child’s tribal connections?
• Will you work with my tribe throughout the adoption process?

Options counselors who understand ICWA and tribal adoption can provide objective support as you think through whether adoption is right for you, and if so, which type of adoption best fits your needs. Free counseling is available that specifically addresses the cultural and legal considerations unique to Native American adoptions.

The most important factor is finding support from people who respect your tribal sovereignty, understand your rights under ICWA, and will help you make decisions that honor both your needs and your child’s connection to their Indigenous heritage.

Looking for Answers? Get Support Today

Making decisions about an unplanned pregnancy is never easy, and as a Native woman, you may have additional concerns about maintaining your child’s tribal connections and honoring your cultural values. Whether you’re interested in tribal customary adoption, private adoption, or you’re still trying to figure out what feels right, you deserve support from people who understand the unique considerations you’re facing.

Tribal customary adoption and ICWA-compliant private adoption both offer ways to provide your child with a permanent, loving home while respecting their Indigenous identity. The choice between them depends on what your tribe offers, what your values are, and what kind of ongoing relationship you want with your child.

If you’re ready to explore your options, reaching out to someone who understands both adoption and ICWA is the first step. You can get answers to your questions, learn what support is available, and make a decision that honors both your child’s future and their tribal heritage.