25 U.S.C. § 372a — Heirs by adoption

submitted 86 years ago by ch. 555 to r/title-25-INDIANS · 311 words · no verdicts yet

in plain englishAI-generated · not legal advice

In Indian probate cases, a person is only recognized as an adopted heir if the adoption followed specific approved procedures — through a court, an approved written process, or a tribal custom process. Some earlier or custom adoptions can still count if properly recorded. This rule does not apply to the Five Civilized Tribes or the Osage Tribe in Oklahoma.

In probate matters that the Secretary of the Interior has exclusive jurisdiction over, no one is recognized as the heir of a deceased Indian through adoption unless one of two things is true. (1) The adoption must have happened through one of four approved routes: (a) a judgment or decree of a state court; (b) a judgment or decree of an Indian court; (c) a written adoption approved by the superintendent of the agency in charge of the tribe that the adopted child or adoptive parent belongs to, and recorded in the superintendent's official book; or (d) an adoption following a procedure the tribal authority set up (and the Department of the Interior recognizes) for the tribe of either the child or the parent, recorded in the tribe's official book. (2) Alternatively, the adoption must have already been recognized by the Department of the Interior before this section's effective date, or recognized in distributing the estate of an Indian who died before that date. There's also a special rule: an adoption made under Indian custom before this section's effective date can be made valid by recording it with the superintendent, if both the adopted child and adoptive parent are still alive, the adoptive parent asks for the recording, and either the adopted child is an adult who also asks, or (for a minor child) the superintendent approves the recording. This section does not apply to distributing the estates of Indians of the Five Civilized Tribes or the Osage Tribe in Oklahoma, or to the estates of Indians who died before this section's effective date.

the actual law source: uscode.house.gov ↗public domain

In probate matters under the exclusive jurisdiction of the Secretary of the Interior, no person shall be recognized as an heir of a deceased Indian by virtue of an adoption—

(1)

Unless such adoption shall have been—

(a)

by a judgment or decree of a State court;

(b)

by a judgment or decree of an Indian court;

(c)

by a written adoption approved by the superintendent of the agency having jurisdiction over the tribe of which either the adopted child or the adoptive parent is a member, and duly recorded in a book kept by the superintendent for that purpose; or

(d)

by an adoption in accordance with a procedure established by the tribal authority, recognized by the Department of the Interior, of the tribe either of the adopted child or the adoptive parent, and duly recorded in a book kept by the tribe for that purpose; or

(2)

Unless such adoption shall have been recognized by the Department of the Interior prior to the effective date of this section or in the distribution of the estate of an Indian who has died prior to that date: Provided, That an adoption by Indian custom made prior to the effective date of this section may be made valid by recordation with the superintendent if both the adopted child and the adoptive parent are still living, if the adoptive parent requests that the adoption be recorded, and if the adopted child is an adult and makes such a request or the superintendent on behalf of a minor child approves of the recordation.

This section shall not apply with respect to the distribution of the estates of Indians of the Five Civilized Tribes or the Osage Tribe in the State of Oklahoma, or with respect to the distribution of estates of Indians who have died prior to the effective date of this section.

Source credit: (July 8, 1940, ch. 555, §§ 1, 2, 54 Stat. 746.)

history & why it existsrecord from the source credit

1940Enacted · Act of July 8, 1940, ch. 555 · 54 Stat. 746

A history note hasn’t been published yet. The record shows enactment by ch. 555 on 1940-07-08.

all 0 arguments · sorted by: best

no arguments yet — make the first case