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12 - Adoptive Couple v. Baby Girl, 570 U.S. 637 (2013)

from Part II - The Feminist Judgments

Published online by Cambridge University Press:  31 March 2020

Kimberly M. Mutcherson
Affiliation:
Rutgers University, New Jersey
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Summary

Adoptive Couple v. Baby Girl raises difficult tensions and issues that animate many reproductive justice cases – the rights of non-marital fathers versus non-marital mothers, the rights of biological parents versus adoptive parents, whether to privilege biological or genetic ties over non-biological ties to the child, and expectations regarding parenthood that reflect gender biases and stereotypes. But the case adds one other dimension that distinguishes it from conventional reproductive justice cases: it presents a conflict between the rights of an American Indian parent and/or Indian tribe versus non-Indian adoptive parents to raise an Indian child. Central to the resolution of this Indian versus non-Indian parent conflict is an understanding of the purpose of the Indian Child Welfare Act (ICWA), which created substantive and procedural protections to prevent the break-up of the Indian family.

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Publisher: Cambridge University Press
Print publication year: 2020

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