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.
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Stable record: federal_law:legal_authorities:record_usc_75badc54c75601a64450652d Source file: Laws/federal/codes/united-states-code/title-25/section-372a-heirs-by-adoption--8dd09489ad.md Pages: Not recorded – Not recorded Passage SHA-256: d4a8fa05239d5819a78157ca1339b4c9e7807417c565f3daf10266db0e23d32b Retained source evidence SHA-256: e9cba96aed2f75e344bb3b178419d00fdae5efcffd52e1551c964b01a64b8df4
Source location: Title 25, Chapter 10, § 372a; chapter-010-descent-and-distribution-heirs-of-allottee.md
Stored source content
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.
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Federal law — U.S. Code and appendices · legal_authorities
§ 372a. Heirs by adoption
In probate matters under the exclusive juris-
diction of the Secretary of the Interior, no per-
son 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 juris-
diction 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 author-
ity, recognized by the Department of the In-
terior, of the tribe either of the adopted
child or the adoptive parent, and duly re-
corded in a book kept by the tribe for that
purpose; or
(2) Unless such adoption shall have been rec-
ognized 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 par-
ent are still living, if the adoptive parent re-
quests 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 dis-
tribution of estates of Indians who have died
prior to the effective date of