2-2-7. ECAGWAYA OR TRADITIONAL ADOPTION.

Means according to Tribal custom, the placement of a child by his natural parent(s) with another family but without any Court involvement.  After a period of two years in the care of another family, the Court, upon petition of the adoptive parents, will recognize that the adoptive parents in a custom or traditional adoption have certain rights over a child even through parental rights of the natural parents have never been terminated.  Traditional adoption must be attested to by two reliable witnesses.  The Court, in its discretion, on a case-by-case basis, shall resolve any questions that arise over the respective rights of the natural parent(s) and the adoptive parent(s) in a custom adoption.  The decision of the Court shall be based on the best interests of the child and on recognition of where the child’s sense of family is.  Ecagwaya is to raise or to take in as if the child is a biological child.

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