Section 6.        When consent to adoption is required.

a.            No petition for adoption shall be granted unless: 

(1)            each parent of the child, or if there is no living parent, the guardian of the child's person, consents in writing to the adoption of the child by petitioners; or

(2)            the parent-child relationship has been terminated as to any non-consenting parent.

b.         A minor parent may consent to an adoption provided the parents of the minor parent concur, however, the Tribal Court may waive consent by the minor's parents if it finds that the withholding of such consent is arbitrary and capricious.

Section 7.        Appointment of guardian.

Except in the case of stepparent adoptions, a petition for adoption by any person who is not a relative within the second degree of kinship either by blood or affinity shall not be heard unless a guardian for the child has first been appointed by the Tribal Court.

Section 8.        Consents to adoption.

a.         Form of consent.

Consents to adoption shall be acknowledged before an officer duly authorized to take acknowledgements and witnessed by a representative of the Tribal Court.  The consent shall indicate if the parent or guardian wishes her or his identity to be confidential.  Appendix of Forms.

b.         Consent by a child aged 12 or older.

The adoption of a child twelve (12) years of age or older shall not be granted without the child's consent given in Court or in writing in such form as the Court may direct.  If a child is unable to give consent due to mental incapacity, this consent provision may be waived by the Tribal Court.

c.         Filing of consents.

Written consents where required by this chapter, shall be attached to the adoption petition.  A consent by a guardian of the child's person shall be accompanied by evidence satisfactory to the Tribal Court establishing the guardian's authority to consent to adoption of the child.  Appendix of Forms.

d.         Withdrawal of consent.