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Adoptive Couple v. Baby Girl (2013) 133 S. Ct. 2552 and Its Application Under California Law

Adoption
Custodial Rights
Paternity
Constitutional Law
Icwa (indian Child Welfare Act)
Family Law
California Law
Tribal Rights
Indian Child Custody Proceedings
Placement Preferences
Evidentiary Standards
Termination Of Parental Rights
Public Policy
Body

The U.S. Supreme Court case, Adoptive Couple v. Baby Girl (2013), involved a contested adoption where the biological mother, without informing the Cherokee Nation father, arranged for her child's adoption by a non-Indian couple in South Carolina. The father contested the adoption, leading to a legal battle that emphasized the application of the Indian Child Welfare Act (ICWA), which protects the rights of Indian children and promotes their placement within Indian families. The Supreme Court ultimately ruled that certain ICWA provisions did not apply because the father had not had custody of the child, allowing the adoption to proceed, a decision that has specific implications under California law, which offers broader protections under similar circumstances.

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