Baby Girl Update 2

Updates in the Adoptive Couple v. Baby Girl Ongoing Adoption Case

The legal battle continues in the Adoptive Couple v. Baby Girl case. As previously reported, the South Carolina Supreme Court has remanded (sent) the case back to the Family Law Court with strict instruction to proceed with the adoption of Baby Girl Veronica by the adoptive parents. Veronica’s father, Dusten Brown and the Cherokee Nation filed a request for reconsideration with the South Carolina Court, which was denied on July 24, 2013.

On the same day Veronica’s biological mother filed a complaint in the Federal District Court of South Carolina against Attorney General Eric Holder seeking a declaration that the Indian Child Welfare Act was unconstitutional.

On July 25, 2013 Dusten Brown and the Cherokee Nation filed a request with the United States Supreme Court seeking a stay of the South Carolina Supreme Court order and requesting the Supreme Court to order the state court to conduct a “best interest of the child” hearing before a final adoption order is issued. The Supreme Court has ordered the adoptive parents to file a response to the request to stay by Friday August 2, 2013.

The National Congress of American Indians, the Native American Rights Fund and the National Indian Child Welfare Association have issued a “Statement of Support for Protection of the Right of Baby Veronica and All Children to a Hearing to Determine Their Best Interest”. All tribes, tribal organization and interested parties are encouraged to read and sign the Statement by contacting Thom Wallace, Senior Director of Communications at NCAI at twallace@ncai.org – include in your email your intention to support and the following information: the name of the executive of your organization/supporting entity, title, and organization.

California Indian Legal Services will continue to keep you updated on the development in the Baby Girl case.