
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 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.
