Legal Opinion · Dissent

Adoptive Couple v. Baby Girl

Supreme Court of South Carolina

Decided July 26, 2012No. 27148Published

1DissentJustice Kittredge

I dissent. I would reverse and remand for the entry of an order terminating the father’s parental rights and approving the adoption. I would further order the immediate return of the minor child to the adoptive parents.

Today the Court decides the fate of a child without regard to her best interests and welfare. I disagree that Congress intended the Indian Child Welfare Act32 (ICWA or Act) to be applied in derogation of the child’s best interests and welfare. See In re Welfare of L.N.B.-L., 157 Wash.App. 215, 237 P.3d 944, 965 (2010) (“ICWA’s applicability does not mean that ICWA replaces…

2Cases cited43 opinions

  1. Santosky v. KramerSupreme Court of the United States · 1982
  2. Stanley v. IllinoisSupreme Court of the United States · 1972
  3. Mississippi Band of Choctaw Indians v. HolyfieldSupreme Court of the United States · 1989
  4. Lehr v. RobertsonSupreme Court of the United States · 1983
  5. Quilloin v. WalcottSupreme Court of the United States · 1978

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