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Library: Policy

340:75-19-25. Records of adoption

Revised 7-1-13


(a) Final decree of Indian child's adoption.  • 1  Per Section 1951 of Title 25 of the United States Code, the state court provides a copy of the final decree of adoption of the Indian child to the Secretary of Interior (Secretary).  Additional information accompanying the final decree, when not included in the final decree, includes the:

  • (1) child's name and tribal affiliation;

  • (2) biological parent's names and addresses;

  • (3) adoptive parent's names and addresses; and

  • (4) identity of any agency having files or information relating to the adoptive placement.

(b) Confidentiality affidavit.  When the court records contain an affidavit of the biological parent or parents requesting that the parent's or parents' identity remain confidential, the court includes the affidavit with the other information accompanying the final decree of adoption.  The Secretary ensures that confidentiality is maintained and not subject to the Freedom of Information Act per 5 U.S.C. § 552.

INSTRUCTIONS TO STAFF 340:75-19-25
 
Issued 7-1-13
 

1.Final decree of Indian child's adoption.A copy of the final decree of adoption of the Indian child is provided to the child's tribe in addition to the copy provided to the Secretary of Interior.Additional information accompanying the final decree, when not included in the final decree, includes the:
    (1) child's name and tribal affiliation;
    (2) biological parent's names and addresses;
    (3) adoptive parent's names and addresses; and
    (4) identity of any agency having files or information relating to the adoptive placement.

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