Home Menu ↓
Clicking on our sponsor links helps insure continued free access to this website.
Please support our efforts by visiting our sponsors:

 

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

Warning: Use of undefined constant caseTitle - assumed 'caseTitle' (this will throw an Error in a future version of PHP) in /home/supremec/public_html/supremecourtobserver.com/code/sofunctionsndb.php on line 1147

ADOPTIVE COUPLE v. BABY GIRL
Case Documents

1ADOPTIVE COUPLE v. BABY GIRL Oral Argument Transcript (PDF)
2ADOPTIVE COUPLE v. BABY GIRL Oral Argument Audio
3Slip Opinion in ADOPTIVE COUPLE v. BABY GIRL (Opinion by Justice Samuel Anthony Alito, Jr.)