(5) Whether the adoption is consented to by each living parent of the child, and, if not, any
facts excusing such consent or the Court, under Section 6-3 terminated such parents'
rights;
(6) A full statement of the value of any property of the child; and
(7) Any facts related to the physical care or custody of the child, either past or present,
which is relevant to the petition.
(c) The petition shall be signed and verified under oath by the proposed adopter.
(d) If the petition is by 1 spouse to adopt a child of the other spouse, it shall also be approved
under oath by such other spouse.
7-5.05 Consent.
(a) The written consent of each parent consenting to the adoption shall be filed with the petition.
(b) Each consent shall be executed before 2 adult witnesses, who shall sign their name and address
upon the consent, or a Notary Public.
(c) If the consenting parent is a minor, such consent must be signed before a Judge of the Tribal
Court or under other circumstances which the Tribal Court finds sufficient to assure the Court
that the consent was executed voluntarily and with the knowledge of the legal effect of the
consent.
(d) The adopting parent must obtain the consent of the child if the child is fourteen (14) years of
age or older.
7-5.06 Withdrawal of Consent. A consent may be withdrawn, for any reason, at any time prior to the final
order of adoption.
7-5.07 Investigation.
(a) Upon the filing of a petition for adoption, the Court shall appoint a next friend and order such
investigation as it deems necessary for full determination upon the petition.
(b) The Court shall appoint an Indian Child Welfare Advocate for purposes of assisting this Court in
its determination whether to grant the petition for adoption.
7-5.08 Order of Adoption Without Hearing. The Court may enter an order of adoption without hearing if
the Court, upon investigation and inquiry, determines the following:
(a) That 1 of the proposed adoptive parents is a member of the child's extended family, or
otherwise has significant ties to the child;
(b) That the adoption has been consented to by each living parent of the child;
(c) That the proposed adoptive home is an adequate environment for the normal development of
the child; and
(d) That the adoption is in the best interests of the child.
7-5.09 Notice.
(a) If the adoption has not been consented to in writing by each living parent of the child, then each
such parent not having consented shall be given written notice of the proceedings.
(b) Such notice shall be served personally if the whereabouts of the parent or parents is known,
otherwise service shall be made as ordered by the Court.
7-5.10 Hearing.
(a) Unless both parties consent and the adoption is granted pursuant to Section 7-5.08, the Court
shall hold a hearing upon the petition.
(b) The hearing shall first address the question of the termination of parental rights of any nonconsenting parent may be terminated as provided in Chapter 6 of this Code or if it is proven
beyond a reasonable doubt that the parent has failed, without good cause, to establish a
relationship with the child, and did not provide support or care for the child prior to notice of
hearing being served on the parent, the Court may order the termination of those parental rights
if it deems appropriate.
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Revised Spokane Law & Order Code, 5/14/2013