Supreme Court Interprets the Indian Child Welfare Act Narrowly

The U.S. Supreme Court recently issued an opinion in Adoptive Couple v. Baby Girl concerningthe application of the Indian Child Welfare Act (ICWA) in a South Carolinaadoption.

In this case, a couple adopted a child with the biological mother’sconsent.  Because the biological fatherwas estranged, the couple did not need his consent under South Carolinalaw.  However, the biological father, a registeredmember of a Native American tribe, contended the ICWA barred the adoption.  The South Carolina Supreme Court agreed toplace the child with the biological father, but the U.S. Supreme Court reversedthis decision, “interpreting the ICWA narrowly to apply only in situations inwhich a Native American family’s break-up would be precipitated by the involuntarytermination of a parent’s rights.”

See Julie E. Ganz,United States: Adoption and the IndianChild Welfare Act, Mondaq, July 10, 2013.