Adoptive parents, who a court characterized as “ideal parents,” have challenged a court order that direct that the couple’s daughter be taken from them and given to a Native American father that she had never met despite acknowledging that the couple were model parents. The state courts all ruled against the adoptive parents who have appealed the matter to the U.S. Supreme Court.
The courts order that led to removing the girl from the home of the only parents she had known was based on the Indian Child Welfare Act. Because many Native American children were being removed from the custody of their parents, Congress passed this law in 1978 so that biological relatives and the tribe would have input into the decision about the future of children removed from Native American homes. While 18 states and almost two dozen current or former members of Congress have prepared amicus friend of the court briefs in support of the law, the American Association of Adoption Attorneys have filed a brief siding with the adoptive parents. The federal government and several child welfare organizations also have filed a brief supporting application of the law.
States have been inconsistent in their application of the law so those regularly involved in the adoption process hope that the Supreme Court will clarify how the law should be applied. The American Association of Adoption Attorneys argue that past decisions by the Supreme Court on the respective rights of unwed mothers and fathers have not been clearly defined in the context of Native American children. These cases have not unequivocally provided automatic protection to unwed fathers to participate in decisions about their biological children.
While it is unclear whether these adoptive parents will regain custody of their adoptive daughter, this case demonstrates the importance of having legal representation during the process. The federal law requires the preference of the Native American biological father to be given preference according to the highest court in South Carolina, the state in which the dispute arose. Custody disputes in adoption cases are emotionally devastating for everyone involved, including the child who may be uprooted and taken from the only parents that the child has ever known. When you work with an experienced knowledgeable Kansas adoption attorney, the adoption attorney can anticipate these problems and take steps to minimize the risk of this type of heartbreaking situation arising.
Wichita, Kansas adoption attorney Thomas C. McDowell has been practicing law for over two decades. We provide legal representation in agency, foreign and step-parent adoption. So please call us today at 316-269-0746 or submit an online case evaluation form.