Legal Question in Family Law in California
Native American Adoption Law in California
My friend adopted two children, brother and sister. Both brother and sister from the same birth mother. Brother is now 4 and sister is 2...Open adoption at birth. Birth mother recently demands both children back in her custody claiming that a Native American statute exists in California Law. I don't believe that birth mother is Native American.
My questions:
What percent of Native American descent qualifies for special protection under California Law?
Is there a statute of limitations on birth mother attempting to gain custody of a finalized adoptive children?
Does California law give special conditions for individual Native American tribes in relation to adoption?
Thanks you very much for your help and I look forward to hearing from someone very soon.
1 Answer from Attorneys
Re: Native American Adoption Law in California
The adoptive parents have the parental rights to the children, unless the adoption is set aside by a court with jurisdiction over the children and parents.
The adoptive parents can control what contact the birth mother has with the children, and have a duty to protect the children.
For the Native American law to apply the children must be recognized by a recognized Native American tribe.
It appears that mother is attempting to bluff the adoptive parents into giving her the children. You should contact an attorney that has experience in this area regarding your rights.
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