The wishes of a citizen of the Cherokee Nation trump the tribe, the Nevada Supreme Court said in an Indian Child Welfare Act case.

Deziray G., a tribal member, gave her newborn son up for adoption. A child placement agency placed the boy with a non-Indian couple.

The Cherokee Nation objected, claiming jurisdiction over child welfare proceedings. The tribe said the boy's maternal grandmother was willing to adopt the child.

But the Nevada court said the birth mother's wishes overruled the tribe. The mother did not live within the Cherokee Nation and opposed tribal jurisdiction in the case.

Get the Story:
Court: Mother’s custody wishes trump those of tribe (The Las Vegas Sun 7/23)

Nevada Supreme Court Decision:
In the matter of the parental rights of L.D.G., a Minor (July 21, 2009)