Anchorage ICWA Adoption Lawyer

When adoptions are covered by the Indian Child Welfare Act, or “ICWA”, it is often required that an attorney is hired who understands the details and nuances of this Act and how to serve the interests of all parties. An Anchorage ICWA adoption lawyer from Otterson Law & Mediation, P.C. understands the needs of all involved and will operate with respect for the birth parents, relatives, children, and adopting family who are involved.

Requirements of Adoption Involving ICWA

When adoptions involve the ICWA, there are several requirements involved that may not be involved in other adoption cases. These requirements are designed to protect parents, children, and the cultural heritage of the Alaskan native tribe involved in the adoption. In some very rare cases, the tribe of the child or an Indian custodian may intervene to bring the adoption process to tribal court. We are familiar with tribal court adoptions, and can help you decide whether to go that route, and whether to oppose it if it’s not right for you.

The Indian Child Welfare Act is a federal law that was passed in 1978 due to the high number of Native American children who were being removed from their homes, birth families and communities by both private and public agencies. This law was enacted to protect the best interests of the children and to promote the security and stability of the tribes and families involved.

In order for ICWA to apply in an adoption case, the child involved in the proceedings of custody must meet the definition of an “Indian child” under federal law. According to ICWA, this means that the child is an unmarried minor who is either a registered member of a tribe recognized by the government or is eligible to become a registered member of a recognized tribe, and their birth parent is a registered member of a recognized tribe.

In addition to these requirements, the ICWA requires that a Native child be placed for adoption within the adoption placement preferences of the ICWA, in the following order:

• A member of the Native child’s family
• A member of the Native child’s tribe
• Another Alaska Native or American Indian family

How Otterson Law & Mediation, P.C. Can Help

A large percentage of adoptions that are challenged in court (or after the adoption is granted) are challenged based on ICWA.

At Otterson Law & Mediation, P.C., our attorneys have many years of experience working with children and with ICWA. We hope to do everything in our power to help you and your loved ones through an ICWA adoption. As part of our services, we are able to take the following actions while representing you and your interests:

• Explain how ICWA requirements impact your specific adoption.
• Work with adoptive parents to ensure that all ICWA requirements are met so that everyone’s rights are respected, and the adoption will not be challenged later.
• We can help you work with the tribe or tribes, if necessary.
• Stay alert regarding any additional issues the child might face, and advise you if questions come up related to native heritage, tribal membership, etc.
• If you’re a relative seeking to adopt, we can help you understand how ICWA can be used to help make your case. (The act applies to all relatives, not just those with native blood. This may come up in a Child Protective Services context, for example.
• If you’re a foster parent seeking to adopt, we can help you understand how ICWA affects you and OCS decision making.

Speak with a Trusted ICWA Adoption Lawyer Today

Contact the offices of Otterson Law & Mediation, P.C. today if you are hoping to adopt a native Alaskan or American Indian child. We can provide our services statewide to both birth parents and adopting parents when it comes to ICWA adoptions.