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Adoptive Couple V. Baby Girl (wikipedia.org)
1 point by 40acres on Sept 29, 2017 | hide | past | favorite | 1 comment


From sotomayer's dissent:

>there was nothing to prevent the grandparents from filing a petition to adopt the child.

This strongly suggests that the goal of the statute was purely to keep indian children indian. If the parents don't want to do so? Perhaps the grandparents will. If the mother doesn't want to? Perhaps the father will.

That said, it is clear that the most likely alternative to adoption in similar situations is for the mother to raise the child, which would also result in the child not being indian. Notably, the father presented no intention to stop this, until it was determined the child would be adopted. I wonder: why did Brown decide to seek custody when he found out about the adoption?




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