In this most recent U.S. Supreme Court term, the Court has heard two cases involving the domestic relations of a state. In addition to the arguments on same sex marriage, on April 16th, the Court also heard argument on the adoption of a three-year girl. The law at issue is the Indian Child Welfare Act. The Act, passed in the 1970's gives Indian tribes exclusive jurisdiction over any child custody proceeding involving a Native American child who resided or was domiciled on Native American land. The Act was passed to address the removal of Native American children by public and private adoption agencies and it places priority on allowing the child to grow up in the traditions of their culture by allowing the tribe and the child's relatives a say in the placement of the child. What is unusual about this Act compared to most state's custody laws is that is significantly broadens the class of individuals that have standing to raise issues about the adoption. Most states limit standing to the biological parents and, under some laws, the grandparents of the child. The Indian Child Welfare Act, in this instance, was applied to overturn the adoption of a girl by a South Carolina couple. The girl, now three years old, was returned to her biological father in Oklahoma, a member of the Cherokee Nation, after he sought to overturn the adoption based on the natural mother's failure to obtain his consent. The case made its way through the entirety of the South Carolina legal system and sided with the natural father on the basis of the Act, despite identifying the adopting parents as "ideal parents" – small comfort to them, no doubt.Get the Story:
Aaron Weems: Native American Adoption Decision Pending From U.S. Supreme Court (Mondaq.com 5/14)
Username: indianz@indianz.com. Password: indianz Oral Argument Transcript:
Adoptive Couple v. Cherokee Nation (April 16, 2013) South Carolina Supreme Court Decision:
Adoptive Couple v. Cherokee Nation (July 26, 2012) Related Stories:
Letter: Indian Child Welfare Act designed to protect families (04/29)
Letter: Adoption lawyers circumvent Indian Child Welfare Act (4/22)
Supreme Court decision in ICWA case expected by end of June (4/17)
Jackie Pata: Baby Veronica and Native American family values (4/17)
NARF/NCAI/NICWA: Case shows ugly side of adoption industry (4/16)
Jacqueline Davis: An Indian family torn apart in South Carolina (4/16)
Turtle Talk: More interruptions for tribal interests in ICWA case (4/16)
SCOTUSBlog: No easy answers in Indian Child Welfare Act case (4/16)
Supreme Court takes up dispute over Indian Child Welfare Act (4/16)
Editorial: Supreme Court should take Cherokee girl from father (4/16)
Editorial: Congress may need to limit Indian Child Welfare Act (4/16)
Tribes gear up for big battle with Supreme Court's ICWA case (4/15)
Column: Supreme Court set to hear racially-tinged ICWA case (4/15)
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