Frequently Asked Questions

Indian Child Welfare Act (ICWA)

Who qualifies as an “Indian child” under ICWA?

Under 25 U.S.C. § 1903, an “Indian child” is defined as any unmarried person under 18 who is either a member of a federally recognized tribe or is eligible for membership and is the biological child of a member.

This legal status is a political classification based on tribal sovereignty rather than a racial one. To learn about our specific tribal enrollment assistance, see our Frequently Asked Questions page. For the official federal statute, visit the Legal Information Institute at Cornell Law.