Indian Self-Determination and Self-Governance Era 1968-present

2013

ICWA is deemed not applicable to Native biological fathers who are not custodians

Samuel Alito, Supreme Court Justice authoring the majority opinion. Image: Steve Petteway
Samuel Alito, Supreme Court Justice authoring the majority opinion. Image: Steve Petteway

In a landmark anti-ICWA ruling (Adoptive Couple vs. Baby Girl), the U.S. Supreme Court determines that several sections of ICWA do not apply to biological fathers who are not custodial parents. They also rule that the ICWA requirement to make extra efforts to preserve the Indian family does not apply, nor does preferred placement into Native families apply if no Native party has formally sought to adopt the child.

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