“If court records contain a statement of identifying information of the biological parent or parents that their identity remains confidential, the court shall include the statement of identifying information with the other information sent to the secretary and the tribal enrollment officer of the appropriate Indian tribe described in [MCL 712B.35(1)].”1 MCL 712B.35(2).
“In seeking verification of the child’s status in a voluntary proceeding where a consenting parent evidences, by written request or statement in the record, a desire for anonymity, the court must keep relevant documents pertaining to the inquiry required under this section confidential and under seal.”2, 3 25 CFR 23.107(d). Note, however, that a parent’s request for anonymity “does not relieve the court, agency, or other party from any duty of compliance with ICWA, including the obligation to verify whether the child is an ‘Indian child.’” Id.
25 USC 1915(c) and 25 CFR 23.129(b) require the court to give weight to a consenting parent’s desire for anonymity when applying placement preferences. For a discussion on placement preferences, see Section 11.19.
1 MCL 712B.35(1) requires a court “entering a final decree or order in any Indian child adoptive placement [to] provide the secretary and the tribal enrollment officer of the appropriate tribe with a copy of the decree or order together with other information as may be necessary to show the following: (a) [t]he name, date of birth, and tribal affiliation of the child[;] (b) [t]he names and addresses of the biological parents, if known[;] (c) [t]he names and addresses of the adoptive parents[; and] (d) [t]he identity of any agency having files or information relating to the adoptive placement.” See Section 11.21 for additional information.
2 “A Tribe receiving information related to this inquiry must keep documents and information confidential.” 25 CFR 23.107(d).
3 For additional information on voluntary proceedings, see Section 11.15.