DMR.1.8.020 Petition

(a) A petition for adoption (including customary adoption) pursuant to this subchapter may be filed at any time if:

(1) The child is the extended family as Section DMR.1.2.010(o) of this ordinance, of one of the petitioners, or

(2) The child is placed, by an order of the Court, with one of the petitioners.

(3) The petitioner is seeking customary adoption of the child.

(b) Except as provided under Section DMR.1.8.020(a) above, no petition for adoption may be filed unless the child has been living in the home of the petitioner for more than six (6) months.

(1) The name(s), age(s), and address of the petitioner(s) and his or her relationship to the child, and a statement of the petitioner(s) eligibility to adopt.

(2) The name, address, and date of birth, or expected date of birth, of the child to be adopted, and the tribe in which the child is, or is expected to be, a member.

(3) The name, address, and age of the birth parents.

(4) The identity of all persons or agencies which solicited, negotiated, or arranged for the adoption on behalf of any party.

(5) A report of all transfers of anything of value made or agreed to be made by the proposed adoptive parents or on their behalf in connection with the birth of the child, the placement of the child with the proposed adoptive parents, the medical or hospital care received by the child or by the child's mother in connection with the birth of the child and any other expenses, including the estimated legal expenses, of either the child's parent or the proposed adoptive parents, including a copy of any written agreement between the birth parent and adoptive parent. The report shall be itemized and shall show the services relating to the adoption or to the placement of the child for adoption which were received by the proposed adoptive parents, by either parent, by any other person to whom payment was made by or on behalf of the proposed adoptive parents. The report shall also include the dates of each payment, the names and addresses of each attorney, doctor, hospital, agency or other person or organization receiving any funds from the proposed adoptive parents in connection with the adoption or the placement of the child with them.

(6) A statement of the tribal membership, if any, and domicile of each of the birth parents and each of proposed adoptive parents.

(7) A statement as to how the child has become, or will become, eligible for adoption (including customary adoption). If the birth parents' parental rights are not terminated or suspended, a statement must be included that a petition for separation of parental rights has been filed and that consent will be given. If rights have been terminated or suspended, a certified copy of the court order terminating or suspending the rights shall be attached to the petition. If a child is eligible for adoption (including customary adoption) because one or both parents are deceased, a certified copy of the death certificate(s) shall be attached to the petition.

(8) A request for the issuance of an order of adoption (including customary adoption).

(9) The proposed name of the adoptee after the entry of the final order of adoption (including customary adoption).