Adoptive Couple v. Baby Girl: Erasing the Last Vestiges of Human Property

Boston University Law Review Annex, Vol. 93, No. 5 (2013)

William & Mary Law School Research Paper No. 09-264

5 Pages Posted: 19 Nov 2013 Last revised: 26 Nov 2013

Date Written: November 19, 2013

Abstract

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

Suggested Citation

Dwyer, James Gerard, Adoptive Couple v. Baby Girl: Erasing the Last Vestiges of Human Property (November 19, 2013). Boston University Law Review Annex, Vol. 93, No. 5 (2013); William & Mary Law School Research Paper No. 09-264. Available at SSRN: https://ssrn.com/abstract=2357119

James Gerard Dwyer (Contact Author)

William & Mary Law School ( email )

South Henry Street
P.O. Box 8795
Williamsburg, VA 23187-8795
United States

HOME PAGE: http://law2.wm.edu/faculty/bios/fulltime/dwyer-648.php

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