The Difficulties of Adopting Native American Children

In their desire to give a disadvantaged child a shot at a better life, potential adoptive parents may turn to a number of specific social brackets, ethnic groups, and diverse populations. Any individual remotely connected with the processes of a Native American child’s adoption, from parents to agency coordinators to the children themselves, has felt the strain and frustration related to this particular adoptive subset.

The red-tape and endless complexities of a Native American adoption stem mainly from the infamous Indian Child Welfare Act. First enacted in 1978, this legislation has been weighed down with a staggering number of amendments over the years.

However, a brief history lesson in the ill treatment of native populations by the United States government, and specifically policies concerning Native American children, help us understand why this act is so important and seemingly fraught with difficulties.

First of all, there are the horrifying legacies of abuse, massacre, and more or less invasion of territory at the heart of the European settlement of America. An article of this size cannot even begin to tackle the scope of this issue, but suffice it to say that there is basically no way that these crimes can ever be fully expiated. The immeasurable damage has been done, and no amount of formal apologizes or restitutions will erase this fact.

The Indian Adoption Project of 1958 – 1967 more or less institutionalized and legally validated the practice of removing Native American children from their homes and families, under the premise that they would be better off as functional members of society if placed under the care of Anglo families. These policies, brazenly reprehensible in hind sight, resulted in more than one quarter of all Native American children being removed from their homes and families.

Growing acknowledgment in recent decades of the U.S. government’s unconscionable actions has resulted in increased hesitation in and scrutiny of Native American Indian adoption processes today. Officials of the Child Welfare League have recognized their organization’s role in nothing short of the cultural disenfranchisement of tens of thousands of individuals.

So the next time you or someone you love is feeling frustrated with the intricacies of the Indian Child Welfare Act and its morass of amendments, pausing to consider the reasons why it exists may help to place things in perspective and give you a newfound appreciation for it.

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For all of your adoption related questions, contact the San Jose adoption attorneys at the Law Office of Daniel Jensen, P.C. today at 408-296-4100.

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