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Baby Girl Vs Adoptive Couple Summary

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In the case Baby Girl v. Adoptive couple, the Indian Child Welfare Act (ICWA) steps in with Baby Girl’s father and stops the adoption process. Baby Girl’s mother decided to put her up for adoption as soon as she realized she was unable to provide for Baby Girl and she had no help from the father. However after the Cherokee Nation found him and made him aware of the fact that Baby Girl was being adopted, he stepped in and said he wanted Baby Girl. Although the mother did ask him before if he wanted to pay child support or relinquish his parental rights, later he states he thought he was relinquishing his rights to the mother. Even though the Adoptive Couple started the adoption process, since Baby Girl is an “Indian Child”, things were not as easy. Once the trial was over, the family court did not approve of the petition for the Adoptive Couple and gave Baby Girl’s father custody. The court was able to do this because according to the ICWA the father was a parent even though he gave up his rights to Baby Girl already. However, “a non-custodial parent cannot invoke the ICWA to block an adoption voluntarily and lawfully initiated by a non-Indian parent” (Chicago-Kent). So because the federal statute of this matter, the …show more content…
As the South Carolina court system granted the adoption, there were still many problems. The standard in § 1912(f) does not apply to this specific case because Baby Girl’s father never had custody which not allow him to halt the adoption process. In the Dissenting opinions, Justice Scalia and Justice Sotomayor both agree that USC§ 1912(f) should still have been put into play because even though the father never had custody before does not mean he couldn’t have it in the future. However throughout all of the regulations, because the father gave up rights and Baby Girl had no other Native American family that stepped up to take her, the adoption was granted to the Adoptive

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