Why can non-Indians adopt Indian children?
They can. Since the 1978 passage of the Indian Child Welfare Act (ICWA), Indian children who are put up for adoption are under protection of the tribal court of their tribe. This protection allows the child to know its Indian heritage and participate in any benefits accruing to it as a tribal citizen. The ICWA was a result of the wholesale adoption of Indian children and the loss of all their tribal rights. Adoptions also often meant that tribes lost touch with their citizens and many adopted children searched to no avail when they sought their roots. Under the ICWA, the tribal court is involved in all adoptions whether in tribal court or in state court. Preference is given to Indian adoptive parents but non-Indian adoptive parents are allowed.
