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Adoption Questions: What is the Indian Child Welfare Act, also known as ICWA?

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Hi, Steve Kirsh and Yogi here with the answer to today’s adoption question. The question is, “What is the Indian Child Welfare Act, also know as ICWA?”

The answer is, ICWA is a Federal law that requires that certain special procedures be followed whenever an “Indian Child” is placed for adoption. Indiana has a Supreme Court case that says that ICWA does not apply unless the child is part of an existing Indian family, which is almost never the case in Indiana.

At Kirsh & Kirsh, we tend to error on the side of caution, and try to comply with ICWA whenever a child could possibly be an Indian child even though Indiana has a Supreme Court case, actually two of them, which would say that we didn’t have to do that.

I hope that is helpful. If you have any other questions, please let us know. Thank you Good job Yoges

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