Historian

Adoption Laws Frustrate American Indian
By Todd Dvorak, Associated Press Writer, 6 July 2005

Kelly Buffalo, an American Indian from the Meskwaki tribe, believes her newborn son will have a better future if he is adopted by a white Indiana couple. Some in her tribe disagree.

Shortly after Buffalo gave birth six weeks ago, tribal officials temporarily took custody of her son, asserting the tribe's privilege under state law to protect the cultural heritage of the child and the tribe.

On Tuesday, a tribal judge reversed its decision and granted full legal custody to the mother, who says she will continue pursuing adoption for her son, Braven. But the first step involves receiving consent from the Meskwaki Tribal Council.

"This is really frustrating," Buffalo, 22, told The Associated Press on Tuesday. "It's my baby and should be my decision. I'm probably more mad at what is happening than anything else."

Larry Lassley, executive director of the tribe, said the tribe has the authority under the Indian Child Welfare Act to intervene in adoption cases involving children of tribal members.

Lassley said the law was designed to prevent state and private adoption agencies from wrongfully taking away descendants of tribal members, as well as ensuring the option of keeping those children within the tribal community.

"The tribal council initially determined that the best interests of the child was to have the child remain within the boundaries of the Meskwaki settlement," Lassley said. "It can be a very important and serious decision to make ... and a determination could be made in spite of the mother's view on who adopts her child."

The Meskwaki tribe, which operates a lucrative casino in Tama, is the only federally recognized tribe in Iowa. Officially known as the Sac & Fox Tribe of the Mississippi, many of the tribe's 1,200 members live on a 7,000-acre settlement along the banks of the Iowa River, 45 miles west of Cedar Rapids.

Buffalo said she has filed a petition seeking a meeting with the tribal council to make her case. A date for the meeting has not yet been set.

Even though Buffalo is a tribal member, it's unlikely the child will ever be formally enrolled in the tribe because his father is white. And under tribal tradition, women alone cannot enroll their children in the tribe, she said.

"I don't really see the purpose of why they want to keep a child around who won't benefit from staying here," Buffalo said.

__________________

"Be good, be kind, help each other. Respect the ground, respect the drum, respect each other."
--Abe Conklin, Ponca/Osage (1926-1995)

little bird

Why exactly, does she want to give the baby up if the tribal councel wants it regardless of the father being white?

__________________
"Riches from the heart can not be stolen."