1.25.250 Adoption

(a) Upon entry of the order of adoption, the relation of parent and child together with all the rights, duties, and other legal consequences of the natural relation of parent and child exist between the adoptive parents and adopted child.

(b) Any child, as defined in Section 1.25.080, may be adopted.

(1) A husband and wife jointly, or either if the other spouse is a parent of the child,

(2) An unmarried person who is at least 18 years of age,

(3) In the case of a child whose parents are not married, the child's natural father.

(4) Two unmarried persons co-habitating for a substantial period of time as a married couple.

(d) The consent of the following are required for adoption:

(1) The child if 13 years or older,

(2) The parent or parents if living including the adjudicated or acknowledged father of a child born out of wedlock, unless parental rights have been terminated.

(e) A proceeding for adoption shall be commenced by the filing of a verified petition which shall include:

(1) The name, address and date of birth, or expected date of birth, of the child to be adopted.

(2) The name, address, and age of the birth parents and of the proposed adoptive parents.

(3) The name and address of the petitioner and his or her relationship to the child.

(4) The identity of all persons or agencies which solicited, negotiated, or arranged for the adoption on behalf of any party.

(5) A report of all transfers of anything of value made or agreed to be made by the proposed adoptive parents or on their behalf in connection with the birth of the child, the placement of the child with the proposed adoptive parents, the medical or hospital care received by the child or by the child's mother in connection with the birth of the child and any other expenses, including the estimated legal expenses, of either the child's parent or the proposed adoptive parents. The report shall itemized and shall show the services relating to the adoption or to the placement of the child for adoption which were received by the proposed adoptive parents, by either parent, by any other person to whom payment was made by or on behalf of the proposed adoptive parents. The report shall also include the dates of each payment, the names and addresses of each attorney, doctor, hospital, agency or other person or organization receiving any funds from the proposed adoptive parents in connection with the adoption or the placement of the child with them.

(6) A statement of the tribal membership, if any, of each of the birth parents and each of proposed adoptive parents.

(7) The domicile of each of the birth parents, and the facts supporting the statement of domicile.

(8) Whether the birth parents' parental rights are terminated; if not that a petition for voluntary termination has been filed and that consent will be given. If rights have been terminated, a certified copy of the court order terminating the rights shall be attached to the petition.

(f) Upon receipt of a petition, the clerk of court shall set a date for hearing not later than 60 days from the date of filing. The petitioner shall serve notice of hearing on the child's guardian, or custodian, the natural parents if their parental rights have not been terminated, and the child welfare coordinator.

(g) Upon receipt of the petition, the child welfare coordinator shall perform an investigation as to the suitability of the petitioner as the child's adoptive parent. The coordinator shall complete the report and file it with the court, providing a copy to the petitioner no less than ten days before the hearing. If the report is unfavorable or discloses a situation which in the court's opinion raises a serious question as to the suitability of the proposed adoption, the court may appoint a guardian ad litem for the child who shall make an independent recommendation.

(h) At a hearing, the presence of the petitioners and if the minor if 14 or older, shall be required unless the court orders otherwise. The court shall determine from the child welfare coordinator's report and any evidence presented by the petitioners or the child's guardian whether the petitioners are suitable adoptive parents. The court shall receive evidence from interested parties and if it determines that granting the petition is in the child's best interest, it shall so order.

(i) Temporary order: Final Judgment

(1) The court may issue a temporary order giving the care and custody of the child to the petitioners pending the further order of the Court; provided, that if the child is a close blood relative of one of the petitioners, or is a stepchild of a petitioner or has been living in the home of the petitioner for more than 1 year preceding the date of filing the petition for adoption, the Court may waive the entry of a temporary order, and immediately enter a final judgment for adoption.

(2) Where a temporary order is entered, the child welfare coordinator may observe the child in his home and report to the Court within 6 months on any circumstances or conditions which may have a bearing on the child's adoption or custody.

(3) Upon application by the petitioner after 6 months from the date of the temporary order, or upon the Court's motion at any time, the Court shall set a time and place for additional hearing. Notice of the time and place of the hearing shall be served on the child welfare coordinator, the child, and the petitioners. The child welfare coordinator may file with the Court a written report of its findings and recommendations and certify that the required investigation has been made since the granting of the temporary order. After such hearing, if satisfied that the adoption is in the best interests of the child, the Court may enter a final judgment of adoption.

(j) The final order shall include a provision ordering the adoptive parents to maintain the child's relationship to the Tribe.