A child who is of Native American ancestry may be subject to the Indian Child Welfare Act (ICWA) and not subject to state court jurisdiction.1 Because ICWA can be complex and the consequences of a placement made in violation of ICWA severe for children and families, it is always a good practice to inquire whether a child is of Native American ancestry before filing an adoption petition.
- 1For further discussion, see Indian Child Welfare Act (ICWA), Bureau of Indian Affairs.