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Overturn Adoptive Couple v. Baby Girl, a Minor Child Under the Age of Fourteen Years (12-399)

Created by L.M. on June 25, 2013

The Supreme Court sided with adoptive parents in a divisive custody fight over a Native American child after the biological father asserted his parental rights.
The justices, by a 5-4 margin, said the adoption by a white couple was proper and did not intrude on the federal rights of the father, a registered member of the Cherokee tribe, over where his daughter, Veronica, 3, would live.
The court said the father could not rely on the Indian Child Welfare Act for relief because he never had legal or physical custody at the time of adoption proceedings, which were initiated by the birth mother without his knowledge.

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