Adoption law has become the focus of increased media and legal attention in the past few years. In 1978, Congress entered the adoption process, an area traditionally reserved for state regulation, through passage of the Indian Child Welfare Act. This Act was intended to remedy the "wholesale separation of Indian children from their families," which was viewed as being "perhaps the most tragic and destructive aspect of American Indian life ...". This article addresses the effect this Act has had over the past seventeen years. While a definitive statement regarding the success or failure of the act with respect to its intended goals remains elusive, its impact on adoption and family law is well documented and is analyzed herein.
Northern Illinois University Law Review
Gallagher, Brian D.
"Indian Child Welfare Act of 1978: The Congressional Foray Into the Adoption Process,"
Northern Illinois University Law Review: Vol. 15:
1, Article 5.
Brian D. Gallagher, Indian Child Welfare Act of 1978: The Congressional Foray Into the Adoption Process, 15 N. Ill. U. L. Rev. 81 (1994).