Tribal Adoption
by: Alaska Legal Services Corporation
If you've adopted a Native child under tribal custom, it is often possible for the child's tribe to certify that the adoption has taken place and give that information to State Vital Statistics so that there can be a new birth certificate showing that you are the child's parents. This procedure works best if both natural parents consent in writing, although if the natural father is unknown or can't be located, the tribe can include a statement about this in the papers it fills out.
There is currently a dispute about whether the State will honor tribal adoption orders in other circumstances - for example, when the natural father is known and can be located but refuses to consent, and the tribal council orders the adoption over his objection. The State agreed to honor these sorts of tribal orders in a court case filed in Sitka some years ago, but has just issued an attorney general's opinion saying it will not do this anymore.
If you want to proceed with adopting a Native child in state court, you will need for both parents' written consents to be taken before a state judge or magistrate, with both parents able to withdraw their consents up until the time of the adoption; or, if an adoption is to happen without a known parent's consent, you will have to prove by clear and convincing evidence, including testimony from qualified expert witnesses, that terminating the known parent's rights is necessary in order to prevent serious emotional or physical harm to the child.
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