25 C.F.R. § 23.140

What information must States furnish to the Bureau of Indian Affairs?

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(a) Any State court entering a final adoption decree or order in any voluntary or involuntary Indian-child adoptive placement must furnish a copy of the decree or order within 30 days to the Bureau of Indian Affairs, Chief, Division of Human Services, 1849 C Street NW, Mail Stop 3645 MIB, Washington, DC 20240, along with the following information, in an envelope marked “Confidential”:

(1) Birth name and birthdate of the Indian child, and Tribal affiliation and name of the Indian child after adoption;

(2) Names and addresses of the biological parents;

(3) Names and addresses of the adoptive parents;

(4) Name and contact information for any agency having files or information relating to the adoption;

(5) Any affidavit signed by the biological parent or parents asking that their identity remain confidential; and

(6) Any information relating to Tribal membership or eligibility for Tribal membership of the adopted child.

(b) If a State agency has been designated as the repository for all State-court adoption information and is fulfilling the duties described in paragraph (a) of this section, the State courts in that State need not fulfill those same duties.

[59 FR 2256, Jan. 13, 1994, as amended at 83 FR 55268, Nov. 5, 2018]

Notes of Decisions

Cited in 2 cases (1 in the last 5 years), 2018–2021 · leading case: Brackeen v. Haaland, 994 F.3d 249 (5th Cir. 2021).

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Brackeen v. Haaland, 994 F.3d 249 (5th Cir. 2021). · cites it 2× “See 25 C.F.R. § 23.140 (specifying that designating an agency relieves state courts of their obligations under § 1951(a)).”

Brackeen v. Zinke, 338 F. Supp. 3d 514 (N.D. Tex. 2018). · cites it 3× “25 C.F.R. § 23.140 . The Final Rule also requires states to "maintain a record of every voluntary or involuntary foster care, preadoptive, and adoptive placement of an Indian child and make the record available within 14 days of a request by an Indian child's Tribe or the…”

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