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ARTICLE · 10 JANUARY 2013

Indian Nations Law Update - January 2013

The Supreme Court on January 4th granted the petition to review the South Carolina Supreme Court's decision in Adoptive Couple v. Baby Girl.

United StatesGovernment, Public Sector

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

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