What children does the Indian Child Welfare Act (ICWA) apply to?

An “Indian child” is defined as: An unmarried person who is under age eighteen and is either: (1) a member of an Indian tribe; or (2) eligible for membership in an Indian tribe and the biological child of a member of an Indian tribe.[3423]

  1. 3423

    25 U.S.C. § 1903(4).