Wednesday, October 28, 2009

New California Law Provides for Tribal Customary Adoptions

On Oct. 11, California Gov. Arnold Schwarzenegger signed into law a bill that provides for tribal customary adoptions.

Traditionally, the adoption of a Native American child requires the termination of parental rights of the biological parents. Many Native children end up being placed with non-Native families, which can be culturally detrimental to tribes and the adopted children.

“Customary Adoption” is defined as "a traditional tribal practice recognized by the community which gives a child a permanent parent-child relationship with someone other than the child's birth parent."

This bill (AB1325), sponsored by the Soboba Band of Luiseno Indians and introduced by Assemblyman Paul Cook, R-Yucca Valley, requires the court and social workers “to consider and recommend tribal customary adoption, as defined, as an additional permanent placement option, without termination of parental rights, for a dependent child.”

The bill also provides “that a tribal customary adoption order would have the same force and effect as an order of adoption.”

2 comments:

  1. Does this law apply only to California tribes? Or to any Indians of whatever tribe living in California?

    ReplyDelete
  2. Why is it that the State of California values the rights of Native American adoptees but NOT the rights of non-Native American adoptees?

    Why does the State of California allow Native American adoptees to have their original birth certificates at the age of 18, but not other ethnicities?

    It's not fair that my birth certificate is sealed because I cannot prove that I am native american. Nobody checked the ethnicity of my father before I was relinquished for adoption. He wasn't even located to give his permission for my relinquishment.

    I want MY original birth certificate. I want my ethnicity. I want my culture BACK. I may or may not be native american. The state of California has sealed my identity from me.

    Why can't other ethnicities have "Customary Adoptions" so the rights of their biological parents' aren't terminated?

    ReplyDelete