Adoptive Couple v. Baby Girl: Erasing the Last Vestiges of Human Property
Boston University Law Review Annex, Vol. 93, No. 5 (2013)
5 Pages Posted: 19 Nov 2013 Last revised: 26 Nov 2013
Date Written: November 19, 2013
In Adoptive Couple v. Baby Girl, the U.S. Supreme Court gave a narrowing interpretation to the federal Indian Child Welfare Act and overturned state court decisions that, based on a misapplication of ICWA, undid one child's adoption. This Essay explains why the Court's decision is a welcome partial corrective to a grossly over-inclusive federal mandate that has wreaked havoc on adoption practice and harmed many children.
Keywords: Native American, Indian Child Welfare Act, adoption, biological fathers
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