DMR.1.8.010 Effect of Adoption and Customary Adoption; Who May Adopt and Be Adopted

(a) Upon entry of the order of adoption (including customary adoption), the relation of parent and child together with all the rights, duties, and other legal consequences of the natural relation of parent and child exist between the adoptive parents and adopted child.

(b) Adoption (including customary adoption) shall not affect the child's enrollment status as a member of any tribe.

(c) Any child as defined Section DMR.1.2.010(h) of this ordinance may be adopted (including customary adoption), provided that all parental rights have been severed by Court action or the death of the parent.

(d) The following are eligible to adopt (including customary adoption) a child:

(1) A married couple jointly who are both adults, or either if the other spouse is a parent of the child to be adopted,

(2) An unmarried or legally separated person who is at least 21 years of age,

(3) The child's natural father, if for any reason the father's paternity is not otherwise recognized.

(4) Two unmarried persons co-habitating for a substantial period of time as a married couple.

(5) An adult for purposes of a customary adoption.

(e) The consent of the following, given in Court before the judge or magistrate, unless good cause is shown for some alternate method of consent, are required for adoption (including customary adoption):

(1) The child if twelve (12) years or older, unless the Children's Court determines that the child is incapable of giving consent, and

(2) The parent or parents if living, including the adjudicated or acknowledged father of a non-marital child, unless parental rights have been terminated or suspended.