10.1.2.010 Adoption

The Pueblo of San Ildefonso Tribal Court shall have jurisdiction to hear, pass upon, and approve petitions for family adoption of or by members of the Pueblo following Pueblo custom and tradition or any ordinance adopted by the Council of the Pueblo of San Ildefonso governing adoptions pursuant to the Act of Nov. 8, 1978 (PL 95-608); 92 Stat. 3069).

(a) Adoption proceedings shall be instituted by filing of a petition with the Court which shall conduct the proceedings in accordance with the Civil Rules of Procedure of this Code and the Rules of the Count, and Rules and Regulations of the Secretary of the Interior.

(b) Any minor Indian child under the age of eighteen (18) years may be adopted by an Indian person, if the adoption is approved by the Court or by a non-Indian person is the adoption is approved by the Court and Governor and the Tribal Council.

(c) Any surviving natural parents must consent in writing to the adoption or the Tribal Court must consent if it has legally terminated parental rights or it there is no surviving parents.

(d) The person or persons seeking to adopt the child shall appear before the Court and be examined and the Court may require a report to be rendered by the Social Worker of the Bureau of Indian Affairs, the Social Service Agency of a state or other person designated by the Court to make such a report, on the qualifications of the adoptive person or persons, and provide any other information for or against the proposed adoption stating the reasons therefor.

(e) If the child is of the age of twelve (12) or over, the child must also appear before the court and consent in writing to such adoption.

(f) After the Court has heard all the facts on such adoption proceedings and believes that it is to the best interests of the child to be adopted, it shall enter an order accordingly which shall be kept in the records of the Pueblo of San Ildefonso, the Bureau of Indian Affairs, and the Bureau of Vital Statistics of the State of New Mexico.

(g) The Court however may issue a temporary order giving the care and custody of the child to the perspective adaptive parents or any other suitable person or persons for a period of not more than twelve (12) months in order that the potential adoptive family situation may be observed before the Court makes its final ruling.

(h) After a final order is issued in an adoption proceeding by the Tribal Court, the adoptive parents shall succeed to all rights and responsibilities of the natural parents whose rights shall thereafter be terminated forever and, thereafter, neither the adopted child nor his natural parent may inherit from each other, with the exception of any trust property that passes by blood descent.

(i) Adoption of any minor child who is a member of the Pueblo of San Ildefonso shall not affect the child's status as a member.

(j) The proceedings in all adoption cases shall be confidential and held in closed Court. All records and files except final judgment of adoption shall be kept confidential by the Clerk of the Court and may be inspected only upon order of the Courts.

(k) An adult person may be adopted by any other adult person with the consent of the person to be adopted or his guardian. After a hearing and after such investigation as the Court deems advisable if the Court finds that it is to the best interests of the persons involved, a decree of adoption may be entered.