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South Carolina Supreme Court | Seal of the Cherokee Nation | United States Supreme Court |
Controversies involving children can be legally complex, involve extreme emotions, and carry consequences throughout the parties' and children's lives. Add federal and state statutes, cross-cultural adoption issues, non-custodial parental rights, questioned adoption procedures, hightly committed adoptive and birth parents, socio-economic class status differences, the media's hot glare, public opinion, and an adorable baby girl to this volatile mix, and a modern-day King Solomon is needed to fairly resolve the litigation.
This Libguide will review the federal and state statutes, federal cases, books, journal articles, databases, and additional media resources concerning Adoptive Couple v. Baby Girl, et al., better known as the "Baby Veronica" case.
In 2009, a Caucasian South Carolina couple sought to adopt a baby whose father is an enrolled member of the Cherokee Nation. The birth father contested the adoption on the ground that he was not properly notified in accordance with the Indian Child Welfare Act (ICWA), 25 U.S.C.S. §§ 1901-1963. The ICWA was enacted over 30 years ago "to protect the best interests of Indian children and to promote the stability and security of Indian tribes and families."
The lengthy legal ordeal began in Family Court, Charleston, South Carolina. Appeals were heard in the South Carolina Supreme Court and the United States Supreme Court, all amidst a glare of public attention on the child, the parties and the ICWA. Actions were also filed in Oklahoma state and Tribal courts. Even after the Supreme Court remanded the case to South Carolina, state court actions were cross-filed for contempt and for recovery of legal fees and living expenses.
A more detailed listing of events follows on the Timeline page.
Please see The Barrister blog and the SCOTUSblog for discussion of the case:
Below are selected journal articles on the Adoptive Couple v. Baby Girl case.
Below are selected resources available in the Charleston School of Law Sol Blatt Jr. Library.