Recently in Domestic Adoption Category

In a commentary in Politico, John Echohawk, Executive Director, Native American Rights Fund; Jacqueline Pata, Executive Director, National Congress of American Indians; and Terry Cross, Executive Director, National Indian Child Welfare Association, discuss today's oral argument in the Supreme Court case Adoptive Couple v. Baby Girl:

All across this country - but especially in states that are home to multiple Native American Tribes - unethical adoption attorneys are purposely circumventing the federal law that is meant to protect Native American children. Even worse are the continuing attempts by some adoption lawyers to take advantage of active duty service members in the process of being deployed to combat, or in active deployments.

Today's lead story on NPR was also about this case: Adoption Case Brings Rare Family Law Dispute To High Court.

Read the Politico commentary here and listen to the NPR story here.

Oral Argument: April 16, 2013

Court Below: South Carolina Supreme Court

Petitioners, Adoptive Couple, decided to adopt a baby girl from a single mother. After Baby Girl's birth, Adoptive Couple began the official adoption process and Birth Father, a member of the Cherokee Nation, signed a form relinquishing his rights to Baby Girl. Later, however, Birth Father claimed that he did not intend to relinquish his rights and sought to invoke the Indian Child Welfare Act ("ICWA") because Baby Girl is of Indian heritage.

Both the Charleston County Family Court and the Supreme Court of South Carolina held that Birth Father should have custody of Baby Girl.

Adoptive Couple argues that Birth Father does not qualify as a “parent” under the ICWA and, thus, does not have parental rights to stop Baby Girl’s adoption. Furthermore, Adoptive Couple asserts that given the intent of the ICWA and the fact that Baby Girl has no parental relationship to Birth Father or other ties to the Cherokee Nation, the ICWA cannot be applied to oppose her adoption.

Respondents Birth Father and the Cherokee Nation claim that Birth Father does meet the “parent” definition of ICWA because he has proven his biological link to Baby Girl and also acknowledged her as his child. The Supreme Court's decision in this case will have an impact on the adoption process and system for children of Indian heritage, their biological parents, and prospective adoptive parents.

QUESTIONS PRESENTED:

Whether a non-custodial parent can invoke ICWA to block an adoption voluntarily and lawfully initiated by a non-Indian parent under state law.

Whether ICWA defines "parent" in 25 U.S.C. § 1903(9) to include an unwed biological father who has not complied with state law rules to attain legal status as a parent.

Read the entire case preview at the Legal Information Institute here.

A new effort by the Muslim Women's Shura Council aims to address the complex issue of adoption and Islamic law. The Shura Council is a global initiative composed of Muslim women scholars, activists, and specialists dedicated to connecting Islamic principles to strategies for social change. A new white paper and brochure by the Council explores the concerns of Muslims interested in adoption and identifies what it means to serve "the best interest of the child" according to Islamic principles.

Adoption in Islam is complex given the religion's guidelines pertaining to naming and inheritance, and the Council suggests that current misconceptions of adoption as forbidden under Islamic law apply to what is commonly referred to as open adoption. After consulting several Islamic texts and social science data, the Council asserts that when all efforts to place a waiting child with family or kin have been exhausted, open adoption is an acceptable alternative to institutional care. The white paper and brochure point to the many mentions in the Quran emphasizing the importance of taking care of orphans and others in need.

The Council contends that, as long as appropriate ethical guidelines are followed, the six objectives and principles of Shari'ah—the sacredness of life, mind, family, wealth, dignity, and religion—support adoption.

• The Protection and Promotion of Life: Adoption can create a nourishing environment for children, providing the necessities of food, care, and emotional support for healthy development.
• The Protection and Promotion of Mind: Adoption can counteract the experience of neglect and abuse, severe emotional and behavioral issues, and setbacks in cognitive and physical development suffered by many children who grow up in group care.
• The Protection and Promotion of Family: Adoption can provide children with a family model and a sense of family lineage and community.
• The Protection and Promotion of Dignity: Adoption can promote secure attachment, which helps build self-esteem.
• The Protection and Promotion of Wealth: Adoption can help develop children into productive members of society, encouraging them to pursue their professional goals and foster their personal financial stability.
• The Protection and Promotion of Religion: Adoption can encourage spiritual growth.

Adoption and the Care of Children: Islam and the Best Interests of the Child, the brochure, is available here.

In response to troubling issues identified by the Office of the Family and Children’s Ombudsman (OFCO) concerning cases of severe child abuse and neglect of adopted children, Washington state Governor Gregoire requested that Children’s Administration (CA) and OFCO convene a workgroup to examine these issues and make recommendations to improve the adoption process and protect children.

Members of the workgroup represent various professions and organizations including: Children’s Administration; private child placing agencies who conduct domestic and international adoptions; the Office of the Attorney General; the court; public defense attorneys; the Governor’s Office; researchers; and medical professionals.

The workgroup conducted a thorough review of the adoption process with formal presentations discussing the following topics: Case Reviews of Incidents of Severe Abuse of Adopted Children & Common Elements; Legal Framework - International Convention, Federal and State Laws and Regulations Governing Adoptions and Child Placing Agencies; International Adoption Process; Domestic Adoption Process; Foster Care Adoption Process; Adoption Home Studies and Post Placement Reports; Medical Perspective on Child Maltreatment including Starvation; and a Summary of Research on Adoption Attachment and Abuse. Additionally, co-chairs Revels Robinson and Meinig met with representatives from private adoption agencies throughout Washington state.