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ADOPTIVE COUPLE v. BABY GIRL

Docket No.: 12-399
Certiorari Granted: Jan 4 2013
Argued: April 16, 2013
Decided: June 25, 2013

Topics:

Commerce Clause, Treaty Clause, privacy, retaliation

PartyNames: Adoptive Couple v. Baby Girl, a Minor Child Under the Age of Fourteen Years, et al.
Petitioner: Adoptive Couple
Respondent: Baby Girl, a Minor Child Under the Age of Fourteen Years, et al.

Court Below: Supreme Court of South Carolina
Citation: 731 S.E.2d 550
Supreme Court Docket

Adoptive Couple
v.
Baby Girl, a Minor Child Under the Age of Fourteen Years, et al.
Question Presented:

The Indian Child Welfare Act of 1978 (ICWA), 25 U.S.C. §§ 1901-63, applies to state custody proceedings involving an Indian child. A dozen state courts of last resort are openly and intractably divided on two critical questions involving the administration of ICWA in thousands of custody disputes each year: (1) Whether a non-custodial parent can invoke ICWA to block an adoption voluntarily and lawfully initiated by a non-Indian parent under state law. (2) Whether ICWA defines "parent" in 25 U.S.C. § 1903(9) to include an unwed biological father who has not complied with state law rules to attain legal status as a parent.

ADOPTIVE COUPLE v. BABY GIRL
ORAL ARGUMENT

April 16,

Listen to Oral Argument in ADOPTIVE COUPLE v. BABY GIRL
Holding: REVERSED AND REMANDED
Vote: 5-4
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