Tribal Customary Adoption & Private Adoption in D.C.

If you are a Native American woman facing an unplanned pregnancy in the Washington D.C. area, you have adoption options that respect your heritage and protect your legal rights.

Native American tribal adoption and federal law—the Indian Child Welfare Act (ICWA) — mean your adoption journey can look the way you want it to and honor your tribe and your child’s cultural identity.

Connecting with an ICWA-aware professional is the key to pursuing adoption with confidence that it will be handled with the appropriate care. This guide will help you understand tribal customary adoption and how it compares to private adoption in D.C. Learn more about ICWA and adoption here.

What is Tribal Customary Adoption in D.C. and the Region?

Tribal Customary Adoption (TCA) is a process designed to uphold the cultural practices and judicial authority of Native American tribes. It is an adoption that takes place within the tribal court system. While D.C. itself does not have federally recognized tribes, the law in D.C. must still adhere to ICWA for any child who is a member of, or eligible for membership in, a federally recognized tribe.

• TCA Availability: The option for TCA is entirely dependent on whether your specific tribe has a TCA process in place. You must contact your tribal leadership or tribal court to determine if TCA is an available option and what their specific pathway entails.
• ICWA Requirement: Regardless of TCA availability, the federal Indian Child Welfare Act (ICWA) governs all adoptions involving an Indian child in D.C.

Your Rights in an ICWA Adoption—and Why They Matter

The Indian Child Welfare Act (ICWA) is a crucial federal law that mandates specific protections for Native American children in adoption proceedings, affirming tribal sovereignty and keeping children connected to their communities.

ICWA provides you, the birth mother, with significant protections whether you choose TCA (if available) or private adoption:

• Tribal Notice: Your tribe must be formally notified of the adoption proceeding and has the right to intervene.
• Right to Counsel: You have the right to a court-appointed attorney if you cannot afford one.
• Placement Preferences: ICWA mandates specific placement preferences, favoring family members or members of your tribe.
• Voluntary Consent: Your consent must be given freely before a judge after the birth.

You can choose adoption without losing your rights under ICWA. ICWA is the legal framework that safeguards your rights throughout the entire process.

How Does TCA Compare to Private Adoption?

The decision between a traditional, ICWA-compliant private adoption and TCA (if available) often comes down to what you want in terms of process and support:

Private Adoption (ICWA-Compliant)

• Follows laws of D.C. Superior Court, adhering to all ICWA requirements.
• High priority to find who you want as adoptive parents; you choose a family who is culturally aligned or Native American.
• Comprehensive financial assistance for living and medical expenses (birth-mother living and medical expenses).
• Handled by an adoption agency, which handles all paperwork, counseling, and matching.

Tribal Customary Adoption (TCA)

• Follows tribal court procedures/tribal customs.
• Highest priority is tribal connection; placement is strictly monitored within the tribal community.
• Support varies by tribe; typically minimal or non-existent financial aid.
• Handled by tribe members and tribe leaders.

Can I Choose a Native Family in a Private Adoption?

Yes. If you choose a private, ICWA-compliant adoption, you have the full power to select the family. By working with a national agency like American Adoptions, you can access waiting families across the country, increasing your chances of finding a family who:

• Is Native American or a member of an Indian tribe.
• Is committed to honoring your child’s heritage and culture.
• Meets ICWA placement preferences.

This ensures you can find someone to adopt your baby who respects or shares your cultural values.

How Adoption Can Support You and Your Baby

Choosing adoption is a decision that centers on hope and ensures your baby receives the love and stability you envision. Adoption through a licensed, ICWA-aware agency provides you with comprehensive support, including:

• Financial Support: Court-approved assistance for living expenses (unplanned pregnancy financial assistance).
• Free, 24/7 Counseling: Emotional support tailored to your needs (counseling).
• Choose the Family: You personally select the family and determine the openness of the relationship.
• Post-Adoption Support: Ongoing support to maintain your open adoption relationship and navigate post-placement life.

If you are ready to learn more about the loving, empowering option of adoption, you can start your adoption decision today and explore waiting families.

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

There are three main places to look for adoption support as a Native American, whether it is for TCA or private adoption.

• Tribal Liaisons: Your tribe’s social services department or tribal court can direct you to the tribal liaison, who is your primary resource for tribal laws and procedures.
• ICWA-Aware Adoption Agencies: Look for a licensed agency that has a dedicated ICWA program and works directly with lawyers and families to ensure all federal laws are followed.
• ICWA Legal Counsel: Contacting a lawyer specializing in ICWA can help you understand your rights and the specifics of ICWA and private adoption in D.C.

Looking for Answers? Get Support Today

Deciding the best future for your baby is one of the most important decisions you will ever make. You deserve compassionate, knowledgeable support that honors your heritage and respects your choice. Connect with free, confidential ICWA-informed options counseling.