HomeLatest ThreadsGreatest ThreadsForums & GroupsMy SubscriptionsMy Posts
DU Home » Latest Threads » Forums & Groups » Main » Latest Breaking News (Forum) » High court to tackle Nati...
Introducing Discussionist: A new forum by the creators of DU

Fri Jan 4, 2013, 11:12 PM

High court to tackle Native American adoption dispute

Source: CNN

A custody battle involving the "best interests" of a 3-year-old Cherokee girl will be taken up by the U.S. Supreme Court, an issue spanning the rights of adoptive parents and the desire to preserve Native American families within tribes.

The justices announced Friday they will hear an appeal from Matt and Melanie Capobianco, who legally adopted little Veronica in 2009, shortly after the birth mother agreed to give up the child. Oral arguments in the case will likely be heard in April with a ruling by late June.

The South Carolina Supreme Court in July ruled for the biological father, who had sought custody shortly after the child's birth. He is a registered member of the Cherokee Nation and is raising the child in Oklahoma.

Dusten Brown had earlier signed a legal document agreeing to put the girl up for adoption, but his attorneys say the father did not understand the extent of the waiver, and that the birth mother misrepresented the child's American Indian heritage to social service workers when the adoption was finalized.

Read more: http://www.cnn.com/2013/01/04/justice/native-american-adoption-dispute/index.html

3 replies, 1260 views

Reply to this thread

Back to top Alert abuse

Always highlight: 10 newest replies | Replies posted after I mark a forum
Replies to this discussion thread
Arrow 3 replies Author Time Post
Reply High court to tackle Native American adoption dispute (Original post)
alp227 Jan 2013 OP
uppityperson Jan 2013 #1
elehhhhna Jan 2013 #2
Liberty Belle Jan 2013 #3

Response to alp227 (Original post)

Fri Jan 4, 2013, 11:18 PM

1. Sounds like a complicated case, with lies thrown in there. Best wishes to the little girl.

Reply to this post

Back to top Alert abuse Link here Permalink


Response to alp227 (Original post)

Fri Jan 4, 2013, 11:27 PM

2. she wasn't "legally adopted" if mama misrepresented the childs status

incidentally, we have friends who fought this law to the USSC and won - something having to do with the way their home state (LA) is under napoleonic code and, quirkily, they got their daughter (who'd been basically handed to them by her mom. The family lived on a rez in MN and was hyperdysfunctional. Very sad. bleak life up there.) The tribe fought for custody and it's near impossible to override their claims but our friends kept their daughter.

Reply to this post

Back to top Alert abuse Link here Permalink


Response to alp227 (Original post)

Sat Jan 5, 2013, 12:36 AM

3. Same thing happened to a woman we knew, who lost her adopted little girl.

She was our daughter's kindergarten teacher, a wonderful mother who loved the little girl she adopted very much. But after a few months the mother, who was Native American, changed her mind and they had to give her up. Heartbreaking.

Reply to this post

Back to top Alert abuse Link here Permalink

Reply to this thread