From the beginning of the adoption process, we knew of the Indian Child Welfare Act, which gives tribal governments a strong voice concerning child custody proceedings that involve Native American children. And we knew of Ashlyn’s ethnicity: 50 percent African American, 48 percent Caucasian, and 2 percent Cherokee. Since she was only 2 percent Native American AND both birthparents had chosen us to adopt this child, what was there to worry about, right? We fully expected to finalize our adoption by Thanksgiving, but the dreaded news arrived November 1st, just two weeks after Ashlyn’s birth. The ICWA requires the tribe to be notified of any custody issue or adoption involving a child that is eligible for membership in the tribe, and this was part of our adoption legal documents. The Cherokee Nation filed a notice of intervention in District Court in Oklahoma City to challenge our adoption and try to take Ashlyn from us. But how could they? This just didn’t make sense. Over the next seven months, as our fear grew, we had multiple court dates and attorney meetings. This is when we first heard about Baby Veronica and the Capobianco’s fight. In fact, we were facing the same tribal attorney that was representing the Cherokee Nation in their case.Get the Story:
Alicia Towler: Adoptive mom: Like Baby Veronica case, we battled tribe for our baby (Today Moms 6/24) Supreme Court Decision:
Adoptive Couple v. Baby Girl (June 25, 2013) Oral Argument Transcript:
Adoptive Couple v. Cherokee Nation (April 16, 2013) South Carolina Supreme Court Decision:
Adoptive Couple v. Cherokee Nation (July 26, 2012) Related Stories:
Supreme Court set to rule in Indian Child Welfare Act case (6/24)
NPR: Supreme Court to rule in Indian Child Welfare Act case (6/24)
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