Legal Opinion

In the Matter of Baby Boy L.

Supreme Court of Oklahoma

Decided December 7, 2004No. 99,815PublishedCited by 22 opinions

1Opinion of the Court

¶ 1 We granted certiorari to determine: 1) whether a judicially developed exception to the Federal and Oklahoma Indian Child Welfare Acts — known as the "existing Indian family exception" — remains viable; and 2) whether evidence of the refusal to support the mother during the pregnancy is sufficient to warrant adoption without the father's consent under 10 O.S. 2001 § 7505-4.2[10-7505-4.2].1 Even where the threshold requirements of the federal Act have been met, an exception to the statutory scheme known as the "existing Indian family exception" has been applied by courts when the Indian…

2Cases cited30 opinions

  1. Mississippi Band of Choctaw Indians v. HolyfieldSupreme Court of the United States · 1989
  2. In Re the Adoption of Baby Boy L.Supreme Court of Kansas · 1982
  3. Poafpybitty v. Skelly Oil CompanySupreme Court of Oklahoma · 1964
  4. Morrow v. WinslowCourt of Appeals for the Tenth Circuit · 1996
  5. Matter of Adoption of a Child of Indian HeritageSupreme Court of New Jersey · 1988

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3Cited by22 opinions

  1. State v. PiggSupreme Court of Oklahoma · 2016
  2. Brackeen v. HaalandCourt of Appeals for the Fifth Circuit · 2021
  3. In the Interest of M.B.Court of Appeals of Kansas · 2008
  4. In re N.B.Colorado Court of Appeals · 2007
  5. Cherokee Nation v. NomuraSupreme Court of Oklahoma · 2007

17 more not listed; retrieve them via the Exa API.

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