§ 372a. — Heirs by adoption.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC372a]
TITLE 25--INDIANS
CHAPTER 10--DESCENT AND DISTRIBUTION; HEIRS OF ALLOTTEE
Sec. 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.
(July 8, 1940, ch. 555, Secs. 1, 2, 54 Stat. 746.)
References in Text
For effective date of this section, referred to in text, see
Effective Date note set out below.
Codification
First and second paragraphs of this section are from sections 1 and
2, respectively, of act July 8, 1940.
Effective Date
Section 3 of act July 8, 1940, provided that: ``This Act shall
become effective six months after the date of its approval [July 8,
1940].''
Transfer of Functions
For transfer of functions of other officers, employees, and agencies
of Department of the Interior, with certain exceptions, to Secretary of
the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,
Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in
the Appendix to Title 5, Government Organization and Employees.
