- Who is involved in the case?
Adoptive Couple v. Baby Girl, 570 US was a case involving a non-native couple Melanie Capobianco and Matthew, from South Carolina. The couple decided to look after a young girl of Cherokee origin (Veronica) against the objection of the girl’s father (Dusten Brown)who claimed the primacy of his parental rights. Initially, the mother had left her with the couple. The South Carolina Family Court conducted all the hearings. Applying the Indian Child Welfare Act, the Court transferred legal and physical custody of the child to her father. The Supreme Court in South Carolina upheld the ruling.
- How has the case moved through the legal system (who filed it, in what court? What appellate court heard it? How did it get to the Supreme Court?)?
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In 2009, the couple commenced the adoption process. Veronica’s father came from the Cherokee nation country and her mother, Christina Maldonado was of Hispanic origin. Brown was against the adoption because he felt that he was ignored going by the Indian Child Welfare Act (ICWA). Brown won in the normal court and the appeal carried out in the South Carolina Supreme Court. In 2011, the court granted him full custody of Veronica. This case garnered massive attention in the international media and created need for Congress to revise and amend the 1978 adoption law.
In 2012, Matthew and Melanie Capobianco filed a petition at the Supreme Court to look again at the case. In the following year, the Court gave the couple Certiorari and opened the case afresh. In June 2013, the Court ruled that under the ICWA, a non-custodial father was prohibited by the law. The Supreme Court returned the case to the South Carolina courts for further hearing. In July, the South Carolina Trial Court finally agreed to Veronica’s adoption to the adoptive family. However, the Oklahoma Supreme Court overturned the ruling in August. Even so, in September, the stay was lifted and Veronica was turned over to the Capobianco parents.
- What was the issue in the case?
The issue is that Veronica’s father relinquished his parental rights for Veronica and the mother decided to place the child for adoption. When the non-Indian coupled sought adoption proceedings, veronica’s father sought legal custody of his child. This is despite the fact that he never provided any financial support for the child and never had custody of her. On the other hand, the adoptive couple provided finances during pregnancy and had the child’s custody. However, the Supreme Court upheld the ICWA and granted the father custody of the child.
- What did the Court decide? (note that the US Supreme Court is called "Court", not "court" and not "SCOTUS")
In Adoptive Couple v. Baby Girl, 570 US, the Supreme Court ruled that Dusten Brown, Veronica’s real father was denied by ICWA paternal rights because he left the child during pregnancy and was not in custody of the child. The ruling favored the adoptive parents because they provided financial support during pregnancy, after pregnancy and had the child’s custody.
- What was the Court's analysis (WHY did they decide as they did)?
The Court based its decision of the Indian Child Welfare Act commonly referred to as ICWA. This Act protects all Native Americans from having their children kept away from their biological parents and given to foster or adoptive families. The Court’s analysis and onion serves to turn around the 2011 decision by South Carolina courts that ruled that under the ICWA, the adoptive couple, had to return the child to her biological father.
- Did any Justices dissent, and if so, what did they have to say?
In delivering this ruling, Justice Thomas and Justice Breyer demonstrated similar thoughts. However, Justice Scalia, Justice Sotomayor, Justice Kagan and Justice Ginsburg demonstrated a diverse opinion.
