Rule 5.488.Adoption record keeping
Division 2. Rules Applicable in Family and Juvenile Proceedings · Chapter 2. Indian Child Welfare Act · Last amended 2020 · Last verified September 10, 2026
Full Text of Rule 5.488
Plain-English Summary
After granting a decree of adoption of an Indian child, the court must provide the Secretary of the Interior with a copy of the decree together with four items: the child’s name and tribal affiliation, the names and addresses of the biological parents, the names and addresses of the adoptive parents, and the agency maintaining the files and records of the adoptive placement.
That record exists so an adopted person can later establish tribal membership and trace their origins. Where a biological parent has executed an affidavit asking that their identity remain confidential, the court must provide that affidavit to the Bureau of Indian Affairs, which must ensure the confidentiality of the information.
Advisory Committee Comment
The following comment is published by the Judicial Council of California alongside the rule itself — not commentary from this site.
This chapter was adopted, effective January 1, 2008, as the result of the passage of Senate Bill 678 (Ducheny; Stats. 2006, ch. 838), which codified the federal Indian Child Welfare Act into California’s Family, Probate, and Welfare and Institutions Codes affecting all proceedings listed in rule 5.480. Rule 5.664, which applied the Indian Child Welfare Act but was limited in its effect to juvenile proceedings, was repealed effective January 1, 2008, and was replaced by this chapter. As of January 1, 2008, only the Washoe Tribe of Nevada and California is authorized under the Indian Child Welfare Act to exercise exclusive jurisdiction as discussed in rule 5.483.
Frequently Asked Questions
What does the court send after an Indian child’s adoption?
A copy of the decree to the Secretary of the Interior, with the child’s name and tribal affiliation, the biological parents’ names and addresses, the adoptive parents’ names and addresses, and the agency maintaining the placement records.
What if a birth parent wants to stay anonymous?
Where a biological parent has executed an affidavit requesting confidentiality, the court must provide it to the Bureau of Indian Affairs, which must ensure the information stays confidential.
Amendment History
Rule 5.488 renumbered effective January 1, 2020; adopted as rule 5.487 effective January 1, 2008; previously amended effective January 1, 2013.