25 U.S.C. § 1951

Information availability to and disclosure by Secretary

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(a) Copy of final decree or order; other information; anonymity affidavit; exemption from Freedom of Information ActAny State court entering a final decree or order in any Indian child adoptive placement after November 8, 1978, shall provide the Secretary with a copy of such decree or order together with such other information as may be necessary to show—(1) the name and tribal affiliation of the child;(2) the names and addresses of the biological parents;(3) the names and addresses of the adoptive parents; and(4) the identity of any agency having files or information relating to such adoptive placement.Where the court records contain an affidavit of the biological parent or parents that their identity remain confidential, the court shall include such affidavit with the other information. The Secretary shall insure that the confidentiality of such information is maintained and such information shall not be subject to the Freedom of Information Act (5 U.S.C. 552), as amended.(b) Disclosure of information for enrollment of Indian child in tribe or for determination of member rights or benefits; certification of entitlement to enrollment

Upon the request of the adopted Indian child over the age of eighteen, the adoptive or foster parents of an Indian child, or an Indian tribe, the Secretary shall disclose such information as may be necessary for the enrollment of an Indian child in the tribe in which the child may be eligible for enrollment or for determining any rights or benefits associated with that membership. Where the documents relating to such child contain an affidavit from the biological parent or parents requesting anonymity, the Secretary shall certify to the Indian child’s tribe, where the information warrants, that the child’s parentage and other circumstances of birth entitle the child to enrollment under the criteria established by such tribe.

(Pub. L. 95–608, title III, § 301, Nov. 8, 1978, 92 Stat. 3077.)

Notes of Decisions

Cited in 3 cases (2 in the last 5 years), 2016–2024 · 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 U.S.C. § 1951 (a) (requiring “[a]ny State court entering a final decree or order in any Indian child adoptive placement” to provide certain records).”

John Doe v. Shoshone-Bannock Tribes, 367 P.3d 136 (Idaho 2016). · cites it 3× “It is true that the ICWA, specifically 25 U.S.C. § 1951 , would have required the court below to provide certain documents to the Secretary of the Interior.”

In re Julian V. CA5 (Cal. Ct. App. 2024). “( 25 U.S.C. § 1951 (a).) Furthermore, the agency would also be unable to obtain information to uncover the identity of the biological father of the maternal grandmother from either the BIA or the DSS because it is not authorized to do so.”

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