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| Veronica at her father's home |
UPDATED BELOW
Showing a clear disdain for the rights of biological parents--and a preference for the legal rights of adoptive parents--the Supreme Court today voted 5-4 in favor of granting custody of
a three-year-old girl with Native American blood to the non-Indian couple who had adopted her, Matt and Melanie Capobianco
of South Carolina. Now the case will head back to South Carolina
family courts, which will determine where she will live and who will raise her. The girl, named Veronica, has been
living with her biological father, Dusten Brown, in Nowata, Oklahoma,
since December of 2011, but spent the first 27 months of her life with the Capobiancos.
The decision in
Adoptive Couple v. Baby Girl* is both bad policy and bad law. The Court, in overturning a decision of the South Carolina Supreme Court, held that the Indian Child Welfare Act (ICWA) did not prevent Matt and Melanie Capobianco from adopting Dusten Brown's daughter Veronica, because--although