A. 
Customary adoption is a way for the Tribe to honor their tribal values and beliefs while meeting the permanency needs of their children. Customary adoption transfers custody of the child to adoptive parents pursuant to a suspension of parent rights without completely severing the parental recognition and without terminating the rights of the child's birth parents.
B. 
One of the Menominee Tribe's basic inherent sovereign rights is the right to make decisions regarding the best interests of its children, including who should provide for the care, custody, and control of its children. As an exercise of its inherent sovereignty, the Menominee Tribe has the authority and jurisdiction to adjudicate its own customary practices regarding child rearing, child custody, and customary adoptions.
The principles that should guide customary adoption are:
A. 
Protection of the child's safety, well-being, and welfare and their sense of belonging.
B. 
Promote the belief that children deserve a sense of permanency and belonging throughout their lives and at the same time, they deserve to have knowledge about their unique cultural heritage, including their tribal customs, history, language, religion, and values.
C. 
Preservation of the child's identity as a tribal member and member of an extended family and clan.
D. 
Preservation of the culture, religion, language, values, clan system and relationship of the Tribe.
A. 
No adoption shall be granted unless a required consent to customary adoption has been filed with the Tribal Court.
B. 
Consent to customary adoption is required under the following conditions:
(1) 
From both natural parents, if living, except is it is not required if:
(a) 
The parent(s) have surrendered the child;
(b) 
The parent's rights have been suspended;
(c) 
The parents have relinquished their rights; and/or
(d) 
The parent has been declared incompetent by a Court of competent jurisdiction, and it appears to the Tribal Court on reliable medical evidence that the incompetence is in all likelihood permanent.
(2) 
From the child, if the child is 12 years age or older.
(3) 
From the adoptive person or parent(s).
(4) 
From an agency that has been given consent to place the child for customary adoption by the parents or which has been authorized in other legal proceedings to place the child for customary adoption.
(5) 
The Tribal Court may waive any requirement for the consent of any person, except a natural parent of the child, when after a hearing the Tribal Court determines that the interests of the child will be promoted thereby. In such a case, the Tribal Court shall make written findings of all facts upon which its order is founded.
A. 
Written consent to a customary adoption shall be executed and acknowledged before the Court.
B. 
If necessary, an interpreter shall be provided to the person consenting to the customary adoption.
C. 
Consent of a child over the age of 12 years shall be made orally either in open Court or in chambers with only the judge, and any other person(s) he or she deems necessary.
A. 
Any consent required to be given under the provisions of this article may be withdrawn by the person or agency, which gave the consent at any time prior to the entry of a final decree of customary adoption. No reason need be stated and no hearing need be held on such withdrawal.
B. 
All withdrawals must be in writing and either witnessed by a Clerk of the Court, or notarized, with the original being filed with the Court.
C. 
Within two years after the entry of a decree of customary adoption, said decree may be vacated upon a petition being filed and a showing that the consent which made the adoption possible was obtained through fraud or duress. Upon such a showing the Court shall vacate the decree and return the adopted person to that status he or she had prior to entry of the decree.
A. 
Any adult may file a petition with the Tribal Court seeking an order for the customary adoption of a minor child.
B. 
The petition shall be initiated by the person proposing to adopt. In the case of married persons maintaining a home together, the petition shall be the joint petition of both spouses, except that if one of the spouses is the natural or adopted parent of the proposed adoptee, said parent shall not be required to join in the petition.
A. 
The petition for customary adoption shall include the following, to the best information and belief of the petitioner:
(1) 
The full name, address, and tribal affiliation of the petitioner;
(2) 
The full name, gender, residence, date and place of birth, and tribal affiliation of the proposed adoptee;
(3) 
The name by which the proposed adoptee shall be known if the petition is granted;
(4) 
The basis for the Court's jurisdiction;
(5) 
A statement on why customary adoption is in the best interest of the child;
(6) 
A statement or copy of the final order suspending the parental rights of the biological parents(s);
(7) 
A statement as to why a final order for customary adoption is in the best interest of the child and the best interest of the child's tribe;
(8) 
A statement as to the basis for adoption supported by a home study, medical doctor, psychiatric doctor, child protection worker, family member and/or psychological reports or testimony;
(9) 
If the proposed adoptee is a child, a full description and statement of value of all property owned, possessed or in which the child has an interest;
(10) 
The relationship of the petitioner to the proposed adoptee;
(11) 
A statement that no similar action is pending in a tribal or state Court having jurisdiction over the child; and
(12) 
The names and addresses of any person or agency whose consent to aid adoption is necessary.
B. 
Where there is more than one proposed adoptee, and these proposed adoptees are siblings, only one petition shall be required for the adoption of all or any combination of the siblings, provided that each sibling proposed to be adopted be named in the petition. However, notice of adoption shall be separate for each child.
C. 
All petitions must be signed and dated by the petitioner, and must be either witnessed by a Clerk of the Court or notarized.
A. 
Notice and service. Upon filing of a petition seeking an order for customary adoption, the Tribal Clerk shall schedule a hearing to be held and shall cause written notice of such hearing to be served upon the petitioner; adoptee; the legal custodian or caretaker, if different from other parties listed; guardian ad litem, if any; the Department and/or Agency which may have an interest in the proceedings or be of assistance to the Court in adjudicating the matter.
(1) 
Service of process of the petition shall be personally served on the parties at least seven days prior to the hearing.
(2) 
If, with reasonable diligence, a party cannot be personally served, service by publication of the notice may be made.
(3) 
Upon verification of service, an initial hearing shall be scheduled within 30 days of filing the petition.
A. 
When a petition for the adoption of a child is filed with the Court, the Court shall immediately request that the Department or another other licensed child-placing agency conduct an investigation and home study on the petitioner. The Court may also request local, state, or federal agency to provide assistance in obtaining information as to the suitability of the petitioner(s) for customary adoption.
B. 
The investigation and home study shall relate the circumstance of the home, including any other adult residing in the petitioner's home, the petitioner and his or her ability, both physical and mental, to assume the responsibilities of a parent of the child and can meet the specific needs of that child. The criminal history, child welfare reports of child abuse or neglect of any person in the home. The home study shall contain other pertinent information designed to assist the Court in determining the best placement for the child. The home study will also address the issue of whether or not the home most closely resembles that of the child's culture, identity and, where applicable, his or her tribal affiliation.
C. 
The report shall also include a recommendation on the customary adoption, including any grounds for withholding approval of the placement and suitability of the petitioners.
D. 
No determination can be made on a petition for customary adoption until the investigation and home study has been completed and submitted to and considered by the Court. The investigation report and the home study shall be submitted to the Court no later than 10 days before the hearing. The investigative report and home study may be consolidated into one document. The Court may order additional home studies or reports as it deems necessary.
A. 
The preference of placement in customary adoptions shall be in the following order unless the Court determines that the child's best interests require deviation from the preferences:
(1) 
Extended family member;
(2) 
A tribal member or person eligible for tribal membership in the child's tribe;
(3) 
Other Indian person(s); and
(4) 
If this order of preference cannot be met, then placement may be made with any person who has some knowledge of the child's tribal affiliation and his or her special needs, if any.
A. 
An adoption hearing shall be held within 30 days of receipt of an adoption petition from the prospective parent(s).
B. 
The Court shall inform the parties of their rights under this Code and the nature and consequences of the proceedings.
C. 
The burden of proving the allegation of the petition shall be upon the petitioner and the standard of proof shall be clear and convincing evidence.
D. 
The Court may continue the hearing, upon showing of good cause, at the request of any party to the proceeding and enter such temporary orders, if any, as may be deemed just and reasonable to carry out the purposes of this chapter.
E. 
The Court shall conduct the hearing to determine if it is in the best interests of the child to be placed with the petitioner. In determining the best interests of the child, the Court shall examine:
(1) 
Validity of written consent;
(2) 
Suspension of parental rights order;
(3) 
Length of time of the child's wardship by the Court;
(4) 
Special conditions of the child;
(5) 
Parent communications with the child;
(6) 
Minor's consent to customary adoption, if he or she is over 12 years of age;
(7) 
Home studies or other reports; and
(8) 
Order of preference of placement.
F. 
The petitioner shall appear personally at the hearing.
G. 
The judge shall examine all persons separately, and may if satisfied that all other requirements of this chapter have been met, enter a final decree of customary adoption, or may place the person to be adopted, if a child, in the legal custody of the petitioner for a period of time not to exceed six months prior to entering a final decree of customary adoption.
H. 
If the Court finds that the customary adoption will not be in the child's best interest, or finds that all of the requirements of this chapter have not been met, it may deny the petition and make any other order it deems necessary for the care and custody of the child not inconsistent with this chapter.
I. 
The hearing shall be informal in nature. Concerned parties may present evidence relating to the situation. Hearsay evidence will not be excluded from the proceedings. Only the parties, their legal counsel, witnesses, the child's extended family and other persons determined to be appropriate by the Court shall be admitted.
A. 
If the Court finds that the requirements of this article have been met and that the child's best interests will be satisfied, a final decree of customary adoption may be entered. Such an order may include, but is not limited, to the following:
(1) 
A statement that the child has been adopted by the petitioner(s) and that the parent-child bond is hereby established and that all rights and responsibilities of that relationship shall exist upon the entry of such final order.
(2) 
A notice regarding the new name of the child, if any.
B. 
The Court shall send the final decree along with the report of adoption and corresponding forms to the applicable Vitals Records Office. The petitioner shall be responsible for any fees associated with filing the documents with the Vital Records Office.
C. 
A person, when adopted, may take the name of the person adopting, and the two shall thenceforth sustain toward each other the legal relation of parent and child, and shall have all the rights and shall be subject to all the duties of that relation, including all of the rights of a child of the whole blood to inherit from any person, in all respects, under the provisions of inheritance and succession of the Tribal code.