Supreme Court rules for adoptive parents in Baby Veronica case

[ExCop-LawStudent]

5. Reposting my answer to another thread - the mother concealed the adoption from him

First, for consent to terminate rights of an Indian parent, the rights have to be terminated in the presence of a judge who must certify that the parent is aware of the consequences of the action. The SC courts held that it was undisputed that the father did not intend to terminate his parental rights.

Second, the birth mother cut off communications with the father and did not inform him of the birth, nor of her intent to place the child up for adoption. The father had wanted to move up their wedding date and get married. The birth mother also did not respond to the child's Indian grandmother who had money for her and handmade gifts for the child.

Third, both the birth mother and the adoptive parents tried to evade the law by providing an incorrect name and date of birth to the tribe, which must be notified under the ICWA. The birth mother stated that she did not want the tribe involved, contrary to the ICWA requirements.

Fourth, the birth mother misled the state by intentionally omitting the child's Indian heritage before the child was taken from Oklahoma. Oklahoma authorities make sure that a tribe is properly notified of any such removals. The birth mother said that telling the truth would just complicate the adoption.

Fifth, the adoptive parents intentionally waited to serve the father until just days before he was to be deployed with his Army unit to Iraq. The adoptive parents had been made aware of the ICWA, and according to the SC courts, had ignored the law.

Sixth, on being informed of the potential adoption, the father immediately sought to prevent it, filing legal challenges eight days after being informed.

Seventh, this is not a "race-based" law, it is a citizenship based law. Each tribe has the right to determine its own standards for citizenship, and the Cherokee Nation bases it on direct descent from a member on the Dawes Roll. Other tribes have a "blood quantum" requirement, from 1/2 (Mississippi Choctaw, White Mountain Apache), to 1/4 (Kiowa, Blackfeet, Hopi), to 1/8 (Comanche, Ft Sill Apache), to 1/16 (Caddo, NC Cherokee), to lineal descent (Cherokee Nation, Osage, Seminole, Shawnee). This is no different than if a child with American citizenship but only 3/256 American blood was being adopted against her American parent's will in a foreign country. You see, U.S. citizenship is also based on descent if born outside of the U.S.