Supreme Court Agrees to Review ICWA Case
The Supreme Court on January 4th granted the petition to review
the South Carolina Supreme Court's decision in Adoptive
Couple v. Baby Girl. The case involves a contest over the
private adoption of a child (Baby Girl) born in Oklahoma to unwed
parents, including a Cherokee father (Father) and non-Indian mother
(Mother). After the couple broke up during the pregnancy, Father,
in response to an inquiry from Mother, text-messaged Mother that he
would rather give up parental rights than pay child support. Mother
decided to terminate her parental rights and give the baby up for
adoption.
The adoptive parents (Adoptive Parents), residents of South
Carolina, were present when Baby Girl was born September 15, 2009,
and took her home with them shortly after receiving permission from
Oklahoma pursuant to the Interstate Compact on Placement of
Children. Adoptive Parents began adoption proceedings in North
Carolina three days after Baby