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Why Should I Be Aware of ICWA When Giving a Child up for Adoption?

If you are a birth mother going through an unplanned, unexpected, or unwanted pregnancy, you may have happened upon the name ICWA at some point in your research. ICWA stands for the Indian Child Welfare Act and is a key part of the Kansas adoption process, especially when concerning the adoption of Native American children. If Kansas adoption is something you are interested in and you want to get even more information on the subject, head over to Adoption Choices of Kansas to learn more about this specific act as well as anything else you may be curious or unsure about.

If you need adoption help now, please call us at 877-903-4488, text us at 316-209-2071, or visit us at Adoption Choices of Kansas.

History of the ICWA

The Indian Child Welfare Act was signed into action by President Jimmy Carter in the year 1978. The ICWA puts into place statutes and regulations that are applied to the Kansas custody process of children who are part of a Native American tribe recognized by the federal government. At the time of the bill’s passing, Native American children were being taken unlawfully from their families; this act aimed to put a stop to that and keep such practices from occurring again. Since the passing of this bill, Native American tribes all across the nation are able to stay more intact than ever before. The ICWA ensures that families and tribes will be able to stay together and that no children who are eligible for the bill’s protections will be taken or separated from their families unlawfully. 

What Are the Qualifications To Be Covered by The Indian Child Welfare Act?

In order for a child to qualify for ICWA coverage, they must be a member of a federally recognized tribe and/or have a biological parent who is a member of one of these tribes. Other possible qualifications may come into play in your unique situation, so it may be a good idea to visit Adoption Choices of Kansas to do more research and determine if the ICWA proceedings may be different in your particular case. However, in most cases, if the state defines a child as being legally a Native American child, they are most likely covered by ICWA. Kansas defines a Native American Child as being of a federally recognized tribe, unmarried, and under the age of eighteen. If you are unsure if a child is eligible, it is possible to contact their tribe for further clarification. If you need help gathering information about this process, Adoption Choices of Kansas is a good resource for anything you may need.

How Will The Indian Child Welfare Act Affect My Kansas Adoption Process?

When considering Kansas or Wichita adoption, knowing how the Indian Child Welfare Act will play into your process is important. In general, the ICWA provides flexibility if it is in pursuit of doing what is best for the child. Therefore, birth parents have the right to choose the adoptive families with whom their child will be placed. In the case of open adoption, birth parents will be able to maintain a strong relationship with their child even after adoption. This is one of the most important provisions of the ICWA to ensure that families and children are not fully separated. With respect to the ICWA, Kansas adoption agencies will make sure that the child is placed with a loving family of similar ethical and moralistic backgrounds. The ICWA is just one of many laws and provisions that aims to give the best future possible to birth mothers, adoptive families, children, and everyone else involved in the adoption process. For more information on the Indian Child Welfare Act, teen pregnancy, adoption agencies near you, or anything else, make sure to visit Adoption Choices of Kansas.

Adoption Choices of Kansas serves birth parents statewide and beyond, please call us or text us to learn more! Call Us 877-903-4488 or Text Us 316-209-2071

Alex BMeet the Author: Alex is originally from Clarksville, Maryland but currently goes to Gettysburg College in Pennsylvania. He is an English major and Environmental Studies minor, focusing on Environmental Law and PR/Communications.

He has a deep love for writing, grammar, and all things English. He finds the history and etymology of the language extremely fascinating and loves discovering those small, unnecessary grammatical rules that make English such a weird and special tongue. He is also passionate about the environment and wants to focus on doing what he can to help make the world a better place for future generations.

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