Does ICWA apply to stepparent adoption in California?

The Indian Child Welfare Act (ICWA) may apply if the child is a member of or eligible for membership in a federally recognized Native American tribe. This is an important consideration for stepparent adoption in California.

When ICWA applies:

• The child is an enrolled member of a federally recognized tribe, OR
• The child is eligible for enrollment and is the biological child of a member
• ICWA applies in ALL states, including California

How ICWA affects the process:

• The child's tribe must be notified of the adoption proceedings
• The tribe has the right to intervene in the case
• Higher burden of proof may be required for termination of parental rights
• The court must find that continued custody by the parent is likely to cause serious emotional or physical damage to the child
• Qualified expert witness testimony may be required

Important:

• ICWA does NOT prevent stepparent adoption — it adds procedural requirements
• Many ICWA-involved adoptions are completed successfully
• The tribe's involvement is often supportive when the adoption is clearly in the child's best interest

Our recommendation:

• Indicate any Native American heritage on the questionnaire
• We prepare the required tribal notification documents
• You may also want to consult with a California family law attorney experienced in ICWA cases

Cost: $349 | Court: Superior Court | Call (855) 924-0450 to discuss.