Supreme Court Agrees to Hear 'Baby Veronica' Case

The Supreme Court on Friday announced it would review the high-profile 'Baby Veronica' Indian adoption case, a test of the importance of tribal interests in custody disputes.

The case of Adoptive Couple v. Baby Girl arises under the federal Indian Child Welfare Act, passed in 1978 to preserve Native American families. It gives top priority to keeping children within Indian families and tribal settings whenever possible in custody disputes.

In the case before the court, Veronica was born in Oklahoma in 2009 to an unwed and separated couple consisting of a non-Indian mother and a Cherokee father. The mother decided to put the child up for adoption, without telling the father. An adoptive couple began raising Veronica in South Carolina, but when the biological father learned of the adoption, he invoked the law to establish custody. The South Carolina Supreme Court, ruling with "heavy heart," said the federal law dictated that the child should be returned to the father. The transfer was made a year ago, with heavy media attention. The case has been discussed on the Dr. Phil and Anderson Cooper talk shows.

The high court's decision to take up the adoptive couple's appeal may also be a testament to the value of having well-known Supreme Court veterans involved in the case before review is granted. Lisa Blatt of Arnold & Porter represents the adoptive parents, former solicitor general Paul Clement of the Bancroft firm filed a brief for the guardian ad litem representing the child, and former SG Gregory Garre is on a brief filed for the birth mother by Garre's Latham & Watkins colleague Lori Alvino McGill.  On the other side, representing the father and the Cherokee Nation, is Charles Rothfeld of Mayer Brown, also a veteran high court advocate.

The court also granted review Friday in two other cases: United States v. Davila, a plea-bargaining case, and Tarrant Regional Water District v. Hermann, a dispute over water rights. All three will be argued later this term, most likely in April.

Comments

[candacell]

The federal ICWA law was passed for a good reason, too many Native children were given to non Natives and they were losing their roots forever. A non Native can never know what these roots are because they are not Native. I belong to a group where thousands of children were adopted out and they are desperate to know their roots. Many of them grew up in loving homes and will be forever grateful to the people who adopted them, but this will never make up for all they have lost. Others in the group were horribly abused by the "kind" people wanting to show their big hearts to their communities. I was put into foster care and aged out before the ICWA law was passed. I spent my entire youth abused, both physically and emotionally, wondering where my family was and wondering if they knew where I was. It was not till I was older that I found my family. For all the people who, in ignorance, side with this poor white family, you should know there was a darker side to all us Native put with white people. Adoption, foster care and residential schools for Native children are all part of the assimilation policies put into place to take the "indian" out of us. If you do not believe me, do your research. Google Indian assimilation policies, this is on of the major reason ICWA was created and passed...because we were being stolen from our tribes. To a Native, this is what almost happen to Baby Veronica

[CLF]

A-ha! After doing a little more research, I've discovered that the father signed his rights away when the girl was born which is why the mother didn't tell him she was putting her up for adoption. No white man would be allowed to sign his rights away and then change his mind and take her away from her adoptive parents. No wonder Americans are forced to adopt from other countries! It's because of garbage laws like this and the worry of having your child taken from you!

[Susan]

Can't people read? It says the father was unaware of the pregnancy because the couple was apart and broken up. Some idiot wrote "if you snooze you loose?" And it is about race also due to ICWA the Indian Child Welfare Act. If you don't know what it is nor the history of why it was created stop making idiotic uninformed comments about it. As for "too bad for him" - we live in a society that laments fathers not being involved in their children's lives. If the sexes were reversed and the father kidnapped the baby and put it up for adoption and the mother then found the baby was alive, would you feel differently? Right. I thought so....

[CLF]

Has anyone considered why the mother didn't want the father to have custody? Maybe he is also unfit to be her parent for whatever reason. Law, shmaw. Whoever can love and provide best for this child should get her. Biology has little to do with good parenting.

[Linda]

Has the government not trampled enough on the Native Americans? The father did not give permission, he should be given his daughter She should be raised by him and his people.

[Ann Johnson]

This is a case, where the case worker did'nt do their homework. Its not racial Bettye. By law, in this state where I live, both parties have to sign to give up for adoption. Unless custody is taken away by state. Its awful to still have such racist people in this country. I don't concern myself with what other people adopt. It's none of my business. But I do understand Americans won't be able to adopt from Russia anymore.

[christine]

I am sorry But if the father didnt know and wants his child then I think the child should stay with his dad I am Sorry for the family growing thier bond but be happy the child is with the daddy and unstand the mom should have told daddy and not be sneaky

[Christine Allen]

I do feel sorry for the adoptive family, but the father does have his rights. That the child should be adopted without his knowledge or consent says a lot here. The legal system screwed up and made a big blunder. Unless the safety of the child would be in question by returning her to her father, I'm all for giving him custody. To wait would make it all the harder to do.

[sallie coronado]

I see since the "adoptive" couple is white....certain individuals are playing the race card. What you fail to see is when white people adopt otw (other than white) children, the children loose in the end. They loose who they are as a people. I am 1/2 Cherokee and 1/2 ? I side on the father due to the fact baby girl needs to know who she is and where she comes from and keep her cultures and believes without her father the white couple will raise her without respect or honor. Say what you want, I have seen whites and they stand for.

[Gina]

Where was the father prior to the adoption? It seems obvious he was not involved with the child or in her life so he was not concerned then...only when someone else who obviously is more concerned about this child is doing his job. When you snooze you loose. He was asleep at his job initially and should have no rights to this child.

[wakarlynus]

I believe every child should grow having their bio-parent around, but it's not posible.that's why we have loving adoptive parents.the bio-father feels he has the right to raise his daughter, but he's forgoten so soon that he gave away those rights, and when he was doing that, he was still a native American, more worse kidnapped the innocent child in the name of indian heritage, that in itself is a crime.
Now, had the bio-mother decided to abort the baby than give away for adoption, the father would have most likely been ok with it, because he din't want the burden of raising her anyway.
Now that some beautiful,caring parents have taken the responsibilty, with the permission of the mother, the cherokee has something to say.
The truth is, a man does not ask a woman to marry her by threatenig to walk out of his responsibilities via text msg, rather he behaves like a gentleman.....
i hope the girl doe not resent the father for abandoning her even before birth.

[Kelly]

This has nothing to do with race! It does not matter the race of the child, the father has every right to his daughter. Someone did not do their homework before the adoption process began. Law dictates that the father of the child must be contacted and agree to the adoption no matter what race or heritage he or she may have.

[Teresa]

Thus the reason there are so many unadopted children in America and why Americans go overseas to adopt. It is so costly to adopt in America and at the whim of a parent, the baby will be snatched from you.....Never a consideration for what is best for the child... Children have no rights in this country....How could they in a country that allows unborn children to be slaughtered just because they are an inconvience for someone......

[Terry C.]

The father is demanding custody because he is the father! How can this be racist???? The father was kept in the dark about his own child's existence. Unless, you can prove the father is unfit, he has a right to raise his own child. So often, we trash fathers for not wanting to step up. This dad is stepping up!! I pray he wins for the sake of his daughter.

[Alicia]

I wonder how much time passed before he heard of the adoption... I think that matters. If the mother put the girl up for adoption and he was an absentee parent while that was all going on through the time she went to live with her new parents, then he has (in my opinion) given up his rights... Blood ties alone do NOT make someone a parent.

[Karen]

This adoption was not legal. The father has rights to his own child which were blatantly disregarded. The legal adoption process was not followed and whoever handled it should loose their job and be held liable. To say the father wants custody for racist reasons is idiotic- he simply wants his own child and is willing to fight for the right to raise his own child. Two laws were broken in this adoption process- one that the father did not relinquish his rights and second that with an Indian child preference is given to a native family that will adopt it. This isn't about if a "white" family can give it a "better home" - it's because white people attempted genocide against the Indians and now realize the importance of rebuilding and supporting a race and culture. Unless the father is unfit which has not even been alluded to then the child belongs with it's father.

[Linda Floirmonte]

Are we still treating humans as chattel? This child has a family already irregardless of her DNA. The Cherokee Nation is using this child as a political pawn to make a point. will this child be comforted when she is not in the limelight when she gets hurt or needs love. This young man had 2 years to inject his so called love where was he? Probably doing what young people do at his age. I can understand having her educated in her peoples ways or even sending her to Cherokee promoted Schooling but taking her away from the only family she knows means she'll be a damaged person for the rest of her life. Stupid power play and for what?????

[zoe tropiary]

There is precedent when the biological father did not give up parental rights being allowed to raise his own child-even stopping an adoption approved by the mother- regardless of race. In most cases, including foster, the biological family is given first consideration (when there is no known danger to the child). Baby Veronica was supposed to be returned to her biological father (who wants to raise her) a year ago. If she was returned to her father then, why try to rip her away again from her home? If her father can provide a safe and happy home for her, why deny him that right? Why can't the families work together so everyone can share their love for the child? Why make a public spectacle of this, knowing that all information will be public and perhaps detrimental to the child in the future?

[Carolyn Dunbar]

I believe that each case is individual and should be looked at accordingly.
I lived on an Indian reservation for a time and came away with a "hunka" grandson. I love him as my own. His mother gave me care of him. He still has deep connections to his original home and family. He was 13 then, he is 25 now. He has so far chosen to live with me. Of course, there is much to our story, but, each of us is an individual case.

[Bettye Hanchett]

There are plenty of white children they ought to be trying to adopt. White people have always taken other children with the notion that they can give a child a better life. A better life is left to interpretation. Baby Veronica belongs to her father who want her, material things are irrevalent. What is a better parent? Its time for white people to stop saying they are the better parent. I am a Black parent and would never say that Black children will fare better in a white family. Hopefully, the Supreme Court will make a statement to the effect that the law clearly states that a biological parent have the right to raise their own child. The worker who allowed the adoption did not follow the law. The adoption was illegal from the beginning.

[laura martin]

if the white mother of the baby and the cherokee father was sepearated would he still be trying to see her? or is this just because of the "racist" issues? what if she was raising her. would he still then pursue this..what if her natural mother would be living a normal "white" lifestyle?

the person i feel pain for ...is the baby...

[Mary S]

As an adoptee, it saddens me to think that ethnicity alone should dictate "family". True, the father was failed by the system; he should have been part of the adoption process. I also understand and agree with the law that protects a child's heritage.

What I don't see here is a true and heartfelt concern for the child's best interest. One's ethnic background has nothing to do with the quality of parenting skills. Just because the father is of the First Nation doesn't guarantee that he is a better parent than the adoptive family. The reverse is also true.

What I see here is racism......and despite the pretty color overlays that can be placed over that horrible term, it's still racism.

Frankly, there is no reason that the adoptive parents and the biological father cannot raise this child lovingly, with a positive view of both sides of her heritage. She is, after all, both while and Native American. To raise her in one community without knowledge of the other is a disservice to her.

All the parties need to be cognizant of the fact that this child is getting older and becoming more and more aware. Until they put HER needs ahead of their own, neither side is the best parent.

At the end of the day, she may resent all of you for the making her a pawn in this awful game.

[Maria]

This is reverse discrimination. Everything in the law and in the "modern" American attitudes is based in how we are all "equal" regardless of race, gender, religion, etc.
The government has pushed laws to "equalize" everyone in America so that women and men work and receive the same, hence they behave and dress the same; they have laws that do not discriminate if the kid will have 2 dads or 2 moms or a mom ana dad, etc.
Why is it important if the parents are white in this case?
I am wondering if a gay couple had adopted the baby, who would win the case? They "gay card" or the "indian-native card"? .
Fools! A baby needs the love of a home, her sister that she already loves , the parents that she already learned to love, nobody would ever be able to fill those voids from her emotional future life if she has to go to live with completely new people even if they are nice to her.
Selfish world!

[Greta]

Back up folks....this child is Biracial. I think the courts need to catch up to racial backgrounds in America first. Whats best for the child... Being taken away from the only family she has ever known or trying to apply a law to her that doesn't fit the circumstance? I am white and Cherokee and that aside I cant imagine being stripped away from my parents.

[Madge Ferguson]

We (a white family) raised a First Nation's child in 1968. She was muched loved and was encouraged, throughout her childhood, to embrace her heritage. She is a goal setter, pursued her education and currently holds an important position within the government dealing with Indian affairs. However, as she began her career in another Indian based agency, it became clearer that her head was being "turned" about her white family. So, unlike the Baby Veronica case, we dealt with the same issue when our daughter was an educated, successful career woman....that we should never have been allowed to adopt her. She has estranged herself from all her [white] family - and while we love her and are proud of her and her determination to embrace her culture; it does leave one heartbroken that her people cannot see that native children can be raised by non-native families to be successful and hold dear their heritage. Where was her "love" for her parents, her siblings and the rest of the extended family?

[mslisa]

The adoption should have been agreed by both birth parents before mother put up baby for adoption. In this case someone didnt do their work by the book the worker that took on this case was to let father know that baby was being put up for adoption he has rights to.yes he can by law appeal the adoption. adoption has to go through many option b4 a child can be adopted out to another family when you have two living birth parents and good parents.so sad for adopted parents sue the adoption worker.Good luck to both sides but adopted family let it go.it happen to me but in my case my child was awarded to the state but father was in jail and appeal the adoption he had the right he lost becouse 1 he had life and my daughter was older to say in her on words how and why not let her be with a family that love her and took her in not that she didnt love her father and she did love him much after all he seen how happy she was and let the adoption go on. yes happen ending for our family so with that to be said again good luck maybe both sides can be a family father would let baby visit otherside its all about the child.

[sonny]

as indians of all tribes are so few all indian children need to know of their heritage who they are no white people can give this to one who is indian this child needs to stay within this tribe with her natural father who loves her like no father can she needs to know who she is and the father needs to know who is daughter is this love no one can change dont make her wonder who she is or who her parents are all adopted children have these questions when they get grown it isnt fair to her since her own father wants her in his life

[Anne Hunsinger]

So sad for the couple in South Carolina.

The baby should belong with the best parents.

Sorry to say that it sounds that the father
is demanding custody for racist reasons.