An analysis of the court ruling in the supreme court case adoptive couple v baby girl

Baby GirlS. Baby Girl's biological parents were not married and did not live together prior to her birth.

An analysis of the court ruling in the supreme court case adoptive couple v baby girl

If your browser does not support JavaScript, please read the page content below: Baby Girl For further information, contact Jack F. This document is designed to: Baby Girl is a case involving a non-Native couple in South Carolina seeking to adopt a young Cherokee girl Veronica over the objections of her Cherokee father who asserted the primacy of his own parental rights.

The child was initially placed with the family by the birth mother. Hearings were held before the South Carolina Family Court, the Court applied the Indian Child Welfare Act, and transferred physical and legal custody of the child to her father.

The South Carolina Supreme Court affirmed. By a vote, the Supreme Court, in a decision written by Justice Alito, reversed the South Carolina Supreme Court decision and remanded the case for further hearings to determine who should have custody of Veronica.

This paper will discuss the legal ramifications of this holding for future cases. When he learned of the pregnancy, the father sought to move up the date of the marriage. The mother refused, at which point the relationship deteriorated, and the engagement was broken off.

Questions as Framed for the Court by the Parties

Shortly thereafter, the mother sent father a text message asking if he would relinquish his parental rights, and he sent her a text message agreeing to do so. During the pregnancy, the birth mother decided to put her infant up for adoption without informing the father.

She arranged for a private adoption with a South Carolina couple. Once it received accurate information, it later affirmed that the father was a member of the tribe and that Veronica, his newborn daughter, was eligible for membership.

The infant was placed with a South Carolina couple at birth, and an adoption petition was filed a few days later. The father was served with the adoption papers four months after the petition was filed. During those four months, he had no contact with the birth mother or child.

When he was served, he signed for papers presented to him by a process server believing he was relinquishing his rights to the birth mother. Almost immediately he determined that was not the case and the next day he consulted an attorney, challenged the adoption and sought a stay of the proceedings.

Additional facts included in the initial South Carolina Supreme Court decision When the father texted that he would relinquish his rights, he did so believing that he was relinquishing them to the mother and did not know that she was planning to place the child for adoption.

If he had known, he testified that he would have never relinquished his rights.

ADOPTIVE COUPLE v. BABY GIRL | US Law | LII / Legal Information Institute

Page 3 of 19 The father was a soldier in the United States Army, and the delayed notification of the adoption to him four months after the case was filed took place only days before he was scheduled to deploy to Iraq. Father also testified that he was misled by the process server, which is the reason he initially signed adoption papers he was presented.

When the father returned from Iraq, the South Carolina Family Court held a hearing to resolve whether the proposed adoption should proceed.

Adoptive Couple v. Baby Girl | LII Supreme Court Bulletin | LII / Legal Information Institute Baby GirlS. In fact, in Aprila couple of months after the biological mother became pregnant, she and Birth Father stopped communicating, except for a text message in June in which the biological mother asked if Birth Father would relinquish his rights to the unborn child.
SCOTUSblog Coverage This Week at the Court The Supreme Court released orders from the November 16 conference on Monday morning; the justices did not add any new cases to their merits docket.

One of the five justices in the majority was Justice Breyer who filed a concurring opinion further explaining his view of the opinion. Termination of Parental Rights 25 U.

An analysis of the court ruling in the supreme court case adoptive couple v baby girl

This is a stricter standard of proof than is found in most state statutes. He stated that this case does not involve a father with visitation rights or who has paid his child support obligation, been misled about the existence of the child, or was prevented from supporting the child.

These statements seem to reflect a misunderstanding of the political nature of tribal membership.2 COUPLE ADOPTIVE v.

BABY GIRL Syllabus. years old, the South Carolina Family Court denied Adoptive Couple’s adoption petition and awarded custody to Biological Father. June 25, Child welfare organizations disappointed by decision: U.S. Supreme Court rules in favor of adoptive parents in Adoptive Couple v.

After certifying the case for review, the Supreme Court of South Carolina held that, even though under South Carolina law Baby Girl should remain with Adoptive Couple, because of federal law under the ICWA, Baby Girl belonged in the custody of Birth Father.

Case opinion for US Supreme Court ADOPTIVE COUPLE v. BABY GIRL, A MINOR CHILD UNDER THE AGE OF FOURTEEN YEARS, ET AL.. Read the Court's full decision on FindLaw. Furthermore, the Court held that the ICWA's preference for placing an Indian child with family, other members of the tribe, or other Indian families did not apply in this case because no other parties beside the adoptive parents had come forward to adopt Baby Girl.

Casey Family Programs, Child Welfare League of America and Children’s Defense Fund expressed disappointment regarding today’s U.S. Supreme Court decision affecting the Indian Child Welfare Act (ICWA) as the guiding law when determining the well-being of an Indian child in a custody dispute.

Details: Adoptive Couple v. Baby Girl - SCOTUSblog