Anticipation remains high for a decision in Adoptive Couple v. Baby Girl, an Indian Child Welfare Act case.

The U.S. Supreme Court heard the case in April. A decision is due by the end of this month and it will determine whether Dusten Brown, a citizen of the Cherokee Nation, can retain custody of his daughter.

With the backing of the Cherokee Nation, Brown successfully objected when the non-Indian mother arranged for an adoption of their child by a non-Indian couple in South Carolina. The couple asked the Supreme Court to hear the case and has called for changes in ICWA to make it harder for tribes to intervene.

The last time the Supreme Court decided an ICWA case was Mississippi Band of Choctaw Indians v. Holyfield in 1989. The court determined that the Mississippi Band of Choctaw Indians had jurisdiction in an adoption dispute

Oral Argument Transcript:
Adoptive Couple v. Cherokee Nation (April 16, 2013)

South Carolina Supreme Court Decision:
Adoptive Couple v. Cherokee Nation (July 26, 2012)

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