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Friday, January 9, 2015

Turtle Talk: Adoptive Couple v. Baby Girl #BabyVeronica


Baby Girl Materials, A Work in Progress . . .(will be updated)

Veronica with her parents Robin and Dusten Brown
Primary Sources
SCOTUS Opinion
Amicus Briefs in Adoptive Couple v. Baby Girl 
Birth Father and Cherokee Nation Briefs
South Carolina Opinion

Cases that cite Adoptive Couple v. Baby Girl
In re S.B.C. (Mont. 2014) (terminating father’s parental rights in an involuntary proceeding)
Native Villiage of Tununak v. State (Alaska 2014) (holding that the adoption preferences of ICWA didn’t apply if the preferred placement didn’t “formally” move to adopt the child)
In re J.S. (Mont. 2014) (applying the “continued custody” reasoning to a guardianship)
In re Elise W. (Cal. App. 2014)(discussing whether the case would change notice requirements when a parent never had custody)(unpublished case out of California’s First District)
In re T.S. (Okla. App. Ct. 2014)(discussing when active efforts must start, in light of 1922 and 1912(d))

Law Review and Bar Journal Articles
Jane Burke, The “Baby Veronica” Case: Current Implementation Problems of the Indian Child Welfare Act
Kristen Carpenter & Lori Graham, Human Rights to Culture, Family, and Self-Determination: The Case of Adoptive Couple v. Baby Girl
Christopher Deluzio, Tribes and Race: The Court’s Missed Opportunity in Adoptive Couple v. Baby Girl
Shreya A. Fadia, Adopting “Biology Plus” in Federal Indian Law: Adoptive Couple v. Baby Girl’s Refashioning of ICWA’s Framework
Harvard Law Review, Indian Child Welfare Act — Termination of Parental Rights — Adoptive Couple v. Baby Girl
Jessica Di Palma, Adoptive Couple v. Baby Girl: The Supreme Court’s Distorted Interpretation of the Indian Child Welfare Act of 1978
Carrie Garrow & Michelle E. Hollebeke, Adoptive Couple v. Baby Girl: A Summary
Alyosha Goldstein, Possessive Investment: Indian Removals and the Affective Entitlements of Whiteness
Robert S. Ingram III, Charleston Adoptive Couple Impacts Federal Adoption Law: Supreme Court of the United States Clarifies Parental Rights Under ICWA
Dustin C. Jones, Adoptive Couple v. Baby Girl: the creation of second-class Native American parents under the Indian Child Welfare Act of 1978
Jack Trope, Understanding the Supreme Court’s decision in Adoptive Couple v. Baby Girl
Marcia Zug, Two-And-A-Half Ways to Destroy Indian Law
Marcia A. Zug, The Real Impact of Adoptive Couple v. Baby Girl: The Existing Indian Family Doctrine is Not Affirmed, but the Future of the ICWA’s Placement Preferences is Jeopardized

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To Veronica Brown

Veronica, we adult adoptees are thinking of you today and every day. We will be here when you need us. Your journey in the adopted life has begun, nothing can revoke that now, the damage cannot be undone. Be courageous, you have what no adoptee before you has had; a strong group of adult adoptees who know your story, who are behind you and will always be so.

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As the single largest unregulated industry in the United States, adoption is viewed as a benevolent action that results in the formation of “forever families.”
The truth is that it is a very lucrative business with a known sales pitch. With profits last estimated at over $1.44 billion dollars a year, mothers who consider adoption for their babies need to be very aware that all of this promotion clouds the facts and only though independent research can they get an accurate account of what life might be like for both them and their child after signing the adoption paperwork.


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Why tribes do not recommend the DNA swab

Rebecca Tallbear entitled: “DNA, Blood, and Racializing the Tribe”, bearing out what I only inferred:

Detailed discussion of the Bering Strait theory and other scientific theories about the population of the modern-day Americas is beyond the scope of this essay. However, it should be noted that Indian people have expressed suspicion that DNA analysis is a tool that scientists will use to support theories about the origins of tribal people that contradict tribal oral histories and origin stories. Perhaps more important,the alternative origin stories of scientists are seen as intending to weaken tribal land and other legal claims (and even diminish a history of colonialism?) that are supported in U.S. federal and tribal law. As genetic evidence has already been used to resolve land conflicts in Asian and Eastern European countries, this is not an unfounded fear.

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