Kenaitze Indian Tribe

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Kenaitze Indian Tribe
P.O. Box 988
Kenai, AK 99611
Phone: (907) 283-3633
Fax: (907) 283-3052

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Domestic Relations Code

Chapter 4: Tribal Adoptions

Section 1. Beginning a Case

  1. Non-Tribal Member Petitions

Section 2. Contents of Adoption Petition

Section 3. Homestudy

Section 4. Adoption Hearing

  1. Notice
  2. Hearing
  3. Failure to Appear
  4. Witnesses
  5. Advisors/Attorneys

Section 5. Adoption Order

Section 6. Effect of Adoption Order

  1. Parent/Child Relationship
  2. Right to Inheritance
  3. Tribal Membership Status
  4. Visitation

Section 7. Cultural Adoptions

Section 1. Beginning a Case

Any person over the age of 18 years old, who desires to adopt a child may request that the Kenaitze Tribal Court consider the matter by filing a Petition to use the Tribal Court. The Court shall consider what is in the best interest of the child in all cases, but shall hold the general policy that children of our Tribe be adopted by Tribal members of the Kenaitze Tribe or of another Tribe.

  1. Non-Tribal Member Petitioners: If a non-Tribal member is petitioning to adopt a child that is a member of the Tribe or eligible for membership in the Tribe, the Court shall seek the Council's approval prior to proceeding with the adoption case.

Section 2. Contents of Adoption Petition

The Petition to use the Tribal Court shall provide the following information:

  1. The name, address and age of the person to be adopted;
  2. The names and addresses, if known, of the person's biological parents and any custodians of the person;
  3. A statement of which tribe(s) the person to be adopted is a member or with which tribe(s) the person to be adopted is eligible for membership. If the person to be adopted is a minor child, this statement should include facts that indicate that the Kenaitze Tribe is the tribe with the most significant contacts with the child;
  4. The names and addresses of any other person or Tribe with an interest in the adoption proceeding or in the person to be adopted;
  5. Whether the Petitioner has reason to believe that the biological parents of the person to be adopted oppose the adoption and/or if the biological parents right have been terminated or voluntary relinquished;
  6. If the person to be adopted is a minor child, the facts which make the petitioner believe that it is in the best interest of the child that an adoption Order be issued by the Court;
  7. Whether the child has any property and if so, what that property is;
  8. Any relationship between the Petitioner(s) and the child;
  9. Where the Petitioner(s) was born and his/her present age and occupation.

Section 3. Homestudy

The Court may order a homestudy completed for the proposed adoptive home. The Petitioner(s) may be required to pay costs involved in the homestudy. The homestudy shall include an evaluation of the home for all of the factors for determining the best interest of the child and anything else the Court requires. If the Court has appointed a guardian ad litem or CASA to look after the best interest of the child, the homestudy shall state what recommendation the guardian ad litem or CASA makes regarding the granting of the Adoption Order.

Section 4. Adoption Hearing

  1. Notice: Upon receiving a Petition for adoption, the Court shall provide all parties, including the biological parents, with a copy of the Petition. Biological parents need not be notified if their parental rights have been terminated by this Court or another Court or if the parents have voluntarily relinquished their rights to the children.
  2. Hearing: The Court shall hold an adoption hearing no sooner than 10 days after the Petition is filed and notice is given as stated above in Section 4(A). The Court shall issue a Notice to appear in tribal court to all parties no less than seven days prior to the hearing.
  3. Failure to Appear in Court: After notification has been given, the Court may proceed with the hearing even if parents, custodians, and/or guardians fail to appear in Court.
  4. Witnesses: At the adoption hearing, the parent(s), custodian, and/or guardian shall have the right to call their own witnesses and to question witnesses called by any other party. Judges may question all witnesses.
  5. Advisors/Attorneys: The parents or custodians of the child have the right to have an Elder or other traditional advisor with them at the adoption hearing. (See Kenaitze Tribal Court Code, Chapter 2, Section 23). The parents or custodians of the child also have the right to bring attorneys or other counsel with them to the hearing. The hiring and payment of counsel shall be the sole responsibility of the parent. (Please refer to Kenaitze Tribal Court Code, Chapter 2, Section 24 for further laws regarding Attorneys and Other Counsel).

Section 5. Adoption Order

After notice and hearing according to the procedures set forth in Section 4, above, the Court may issue an adoption Order.

The Court shall award the adoption Order if it finds the following things:

  1. The biological parents have consented to the adoption or they have had their parental rights terminated in Tribal Court or the Court of any other jurisdiction or the biological parents are unavailable to consent to the adoption; and
  2. If the person to be adopted is a minor child, the Court finds that it is in the child's best interest as defined in Chapter 1, Section 4 of this Code, to be adopted by the Petitioner(s).

Section 6. Effect of Adoption Orders

  1. Parent/Child Relationship: The Kenaitze Tribal Court adoption Order creates the relationship of parent and child between the Petitioner(s) and the adopted person, including the right to inherit.
  2. Right to Inheritance: Nothing in this Chapter shall terminate the child's right to inheritance from their biological parent(s).
  3. Tribal Membership Status: Termination of parental rights shall not affect the child's tribal membership status, nor the child's rights or privileges as an Alaska Native whether written or unwritten, nor shall it affect the jurisdiction of the Kenaitze Tribal Court over the child.
  4. Visitation: The Court may require that persons with whom the child has emotional or blood ties shall have visitation with the child. However, even if the Court does not enter such an order, a child's relation to or relationship with their extended family is not severed by the adoption, unless the Court finds it in the best interest of the child to sever such relationships. Specific information concerning such visitation shall be incorporated into the Adoption Order.

Section 7. Cultural Adoptions.

The Tribal Council shall retain the power to do Cultural Adoptions as it sees fit and as defined by Tribal law and custom.

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