Monday, August 5, 2013
As I have previously discussed, the U.S. Supreme Court recently held in Adoptive Couple v. Baby Girl that the Indian Child Welfare Act did not bar a South Carolina couple, who had the biological mother’s consent, from adopting the child.
The U.S. Supreme Court remanded the case to the Supreme Court of South Carolina, which awarded custody to the adoptive couple. The divided court denied an additional hearing on the best interest of the child and ruled the girl is to become a part of the Capobianco family once arrangements can be made.
The three-year-old girl has been living with her paternal father since December 2011.
See Dan McCue, New Twist in Indian Child Welfare Case After SCOTUS, Courthouse News Service, Aug. 1, 2013; see also Lyle Denniston, “Baby Veronica” Case Back at the Court, SCOTUS Blog, July 26, 2013.