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U.S. Code as of:
01/19/04
Section 372a. Heirs by adoption
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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