Native American Adoption Laws Supported By Colorado

In 1978, the Indian Child Welfare Act was passed initially to protect Native American families whose children were removed from the home. Native Americans and others had feared that many times children were being removed too often and without merit. In addition many children were being removed and offered to non-Native American families for adoption therefore the children are being not raised to learn their culture. The law exists to give the Native American parent more weight in gaining custody back if their child if the child is taken.

The Supreme Court took this law into consideration when a Cherokee man tried to get custody of his daughter who had been adopted without his consent. The South Carolina Supreme Court sided with the biological father but later the case was taken to the US Supreme Court and the earlier decision was overturned.

President Obama, 18 states including Colorado, many Native American tribes, former and current members of congress in addition to several child welfare groups supported the biological father.

Source