Judical Code

Section 13. Adoption records.

All records, reports, proceedings and orders in adoption cases are confidential and permanent records of the Tribal Court and shall not be available for release to or inspection by the public. Information contained in such records may be released upon petition to the Tribal Court by the adopted person after reaching legal majority, or upon order of the Tribal Court upon good and sufficient cause shown, unless the person consenting to the adoption has requested otherwise as provided for in Section Twelve (12) of this Chapter.

Section 14. Contents of adoption order.

The final order and decree of adoption shall include such facts as are necessary to establish that the child is eligible and suitable for adoption, and that the adoptive home and parents are adequate and capable for the proper care of the child, as shown by the investigation reports and the findings of the Tribal Court upon the evidence adduced at the hearings, and that it is in the child's best interests.

Within five (5) days after the final order and decree of adoption has been entered by the Tribal Court, the Division of Vital Statistics of the State Board of Health shall be notified on a form prepared and submitted by the Clerk of Tribal Court that the adoption has taken place. In providing such notification, the Clerk shall include the full name, sex, birthday, names of natural parents and full names of adoptive parents so that a new record of birth in the new name and with the name or names of the adopting parents may be recorded. The Clerk shall also provide a certified true and correct copy of the final order and decree of adoption.

Section 15. Name and legal status of adopted child.

Children adopted by order of the Tribal Court shall assume the surname chosen by the persons by whom they are adopted, unless the court orders otherwise, and shall be entitled to the same rights of person and property as natural children or heirs of the persons adopting them and shall be subject to the same obligations of natural children of the adoptive parent. The entry of an order and decree of adoption divests any parent or alleged parent who is not married to the adoptive parent or who has not joined in the petition for adoption of all legal rights and obligations with respect to the adopted child, except for past-due child support payments accrued pursuant to Court order.

Adoption of any minor child who is a member of the Prairie Island Mdewakanton Dakota Community shall not affect the child's status as a Tribal member.