Tribal Customary Adoption and Private Adoption in Pennsylvania
Tribal customary adoption is a form of adoption that is available to parents and children who are members of federally-recognized tribes, and keeps families directly connected to their heritage, community, and culture. But not all tribes practice it.
If you’re a Native American mother in Pennsylvania facing an unplanned pregnancy, this article will help you understand Tribal Customary Adoption (TCA) and how it compares to private adoption under the Indian Child Welfare Act (ICWA).
Learn more about ICWA and adoption or discuss your options with an adoption professional at 1-800-ADOPTION.
What is Tribal Customary Adoption in Pennsylvania?
Tribal customary adoption (TCA) is a form of adoption recognized under the Indian Child Welfare Act (ICWA) that is facilitated by you or your child’s tribe.
Unlike standard private adoption, TCA allows tribes to use their own customs and traditions to formalize the adoption of a Native child—in some cases this can mean the end result is different and your parental rights may be modified rather than terminated.
Can You Choose Tribal Customary Adoption in Pennsylvania? Here’s What to Know
Pennsylvania does not have specific state legislation codifying tribal customary adoption.
However, ICWA still applies to all adoptions involving Native American children in Pennsylvania, which means your tribe has a voice in the adoption process.
Whether TCA is available to you depends on:
- Your tribal enrollment – A parent or the child must be enrolled in a tribe or eligible for enrollment
- Your tribe’s specific customs – Some tribes have formal TCA procedures; others handle adoption through traditional practices
- Tribal court involvement – If your tribe operates a tribal court, they may handle the adoption according to tribal law
To find out if your tribe recognizes TCA, contact your tribal social services or ICWA office directly. They can explain what options are available and how the process works within your tribe.
Your Rights in an ICWA Adoption—and Why They Matter
The Indian Child Welfare Act (ICWA) exists to protect Native children and families. If you’re considering adoption for your Native American tribal adoption, ICWA gives you specific rights:
- Notice to your tribe
- Right to legal counsel
- Placement preferences – ICWA establishes preference for placing Native children with family or tribe members
- Tribal court jurisdiction – Your tribe may have the right to transfer the case to tribal court
These protections don’t take away your choice. They ensure your child’s connection to their heritage is considered and that you receive proper legal support.
How Does TCA Compare to Private Adoption?
Tribal Customary Adoption:
- Governed by tribal law and customs
- May not fully terminate parental rights
- Handled through tribal court or tribal council
- Maintains child’s tribal enrollment and benefits
- Reflects specific cultural practices of your tribe
- Legal recognition varies by state
Private Adoption:
- Governed by state law (Pennsylvania adoption law)
- Fully terminates parental rights after finalization
- Handled through state court with ICWA oversight
- Child maintains tribal enrollment if properly documented
- Follows standardized legal process
- Recognized in all 50 states
Both can honor your child’s Native heritage. The difference is whether you go through tribal or state systems—and in some cases this can change the outcome of the adoption process.
Can I Choose a Native Family in a Private Adoption?
Yes. Even if you choose private adoption instead of tribal customary adoption, you can select a Native American family or a family who will honor your child’s cultural heritage.
Licensed adoption agencies that work with ICWA cases can help you find families who:
- Are enrolled tribal members
- Have deep respect for Native culture and traditions
- Will maintain your child’s connection to their heritage
- Will support your child’s tribal enrollment and participation
ICWA and local private adoption laws work together. You don’t have to choose between cultural connection and the legal permanency of private adoption.
How Adoption Can Support You and Your Baby
Whether you choose tribal customary adoption or private adoption, support is available.
In private adoptions, reputable agencies will offer services at no cost to you like:
- Financial support during pregnancy – Help with medical expenses, counseling, and living costs
- Free counseling 24/7 – Professional support throughout the process at no cost
- You choose the family – Review profiles and select who raises your child
- Open adoption options – Arrange ongoing contact through photos, letters, or visits
- Post-adoption support – Counseling continues after placement to assist with your transition
Who Can Help? Finding Culturally Aware Adoption Support You Can Trust
Finding professionals who understand both ICWA adoption and tribal customs is essential. Here’s who can help:
Your Tribe:
- Tribal ICWA office or social services
- Tribal court (if your tribe has one)
- Tribal council members who handle adoptions
Licensed Adoption Agencies:
- American Adoptions – 1-800-236-7846 – Experienced with ICWA cases, can help you find Native families or culturally respectful families. Free 24/7 counseling.
Legal Support:
- ICWA attorneys who specialize in Native adoption cases
- Many states provide free legal counsel for Native birth mothers
Questions to ask any adoption professional:
- Do you have experience with ICWA cases?
- Can you help me find a Native American family?
- Will my tribe be properly notified?
- Do you work with tribal courts?
- How will my child’s tribal enrollment be protected?
Looking for Answers? Get Support Today
If you’re Native American and facing an unplanned pregnancy in Pennsylvania, you don’t have to navigate tribal customary adoption or ICWA alone.
Understanding your options—whether TCA through your tribe or private adoption with ICWA protections—helps you make a decision that honors both your child’s future and your cultural heritage.
Call 1-800-236-7846 for free, confidential counseling about your adoption options from a professional. American Adoptions has experience with ICWA cases and can help you understand what’s possible for your situation.