25 U.S.C. § 1951 : US Code - Section 1951: Information availability to and disclosure by Secretary
Search 25 U.S.C. § 1951 : US Code - Section 1951: Information availability to and disclosure by Secretary
(a) Copy of final decree or order; other information; anonymity
affidavit; exemption from Freedom of Information Act
Any State court entering a final decree or order in any Indian
child adoptive placement after November 8, 1978, shall provide the
Secretary with a copy of such decree or order together with such
other information as may be necessary to show -
(1) the name and tribal affiliation of the child;
(2) the names and addresses of the biological parents;
(3) the names and addresses of the adoptive parents; and
(4) the identity of any agency having files or information
relating to such adoptive placement.
Where the court records contain an affidavit of the biological
parent or parents that their identity remain confidential, the
court shall include such affidavit with the other information. The
Secretary shall insure that the confidentiality of such information
is maintained and such information shall not be subject to the
Freedom of Information Act (5 U.S.C. 552), as amended.
(b) Disclosure of information for enrollment of Indian child in
tribe or for determination of member rights or benefits;
certification of entitlement to enrollment
Upon the request of the adopted Indian child over the age of
eighteen, the adoptive or foster parents of an Indian child, or an
Indian tribe, the Secretary shall disclose such information as may
be necessary for the enrollment of an Indian child in the tribe in
which the child may be eligible for enrollment or for determining
any rights or benefits associated with that membership. Where the
documents relating to such child contain an affidavit from the
biological parent or parents requesting anonymity, the Secretary
shall certify to the Indian child's tribe, where the information
warrants, that the child's parentage and other circumstances of
birth entitle the child to enrollment under the criteria
established by such tribe.
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