Tuesday, September 24, 2013

Baby Veronica's Painful Aftermath

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The aftermath of the United States Supreme Court's decision in Adoptive Couple v. Baby Girl, known as the "Baby Veronica" case, has been quite painful for the parties.  Recall that the Court's 5-4 decision concluded that the Indian Child Welfare Act, ICWA, would not be violated by the adoption of the child by a white couple.  The constitutional issue of "racial classifications" (rather than Indian sovereignty) loomed, but was not directly engaged.

The Oklahoma Supreme Court dissolved the emergency stay of the adoption yesterday in Brown v. DeLapp.  The majority's order is accompanied by two dissenting opinions, each of which describe the various proceedings and holdings, including the South Carolina Supreme Court's decision that did not remand for a "best interests of the child" determination, but decided to "remand this case to the Family Court for the prompt entry of an order approving and finalizing Adoptive Couple's adoption of Baby Girl."

Much of the press has been highly sympathetic to the adoptive parents, but also worth a read is an article from Indian Country Today Media Network.

 

http://lawprofessors.typepad.com/conlaw/2013/09/baby-veronicas-painful-aftermath.html

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