Adoptive Couple v. Baby Girl

Background

A little girl (called Baby Girl) was placed for adoption by her birth mother with a non‑Indian couple in South Carolina. The child's biological father is a member of the Cherokee Nation. He had little or no contact, sent a text saying he relinquished rights, provided no support, and never had custody. After returning home, the adoptive couple began formal adoption proceedings; the father later contested and the state courts ordered custody to him under federal Indian Child Welfare Act (ICWA) rules.

Reasoning

The Supreme Court examined three ICWA rules the state courts relied on. The Court said the heightened standard that bars terminating parental rights unless a child would suffer serious harm from the parent’s continued custody applies only when the parent already had custody. It also said the rule requiring “active efforts” to prevent an Indian family’s breakup applies only when termination would actually break up an existing family. Finally, the Court explained that ICWA’s adoption placement preferences do not prevent a non‑Indian adoption when no eligible Indian family formally sought to adopt. The Court reversed the South Carolina decision and sent the case back for proceedings consistent with this interpretation.

Real world impact

This ruling makes it easier for non‑Indian adoptive parents to complete adoptions when a biological Indian parent never had custody and no Indian adopters stepped forward. It narrows the situations in which ICWA’s special protections block termination of parental rights. The decision drew separate opinions: some Justices agreed but emphasized limits; dissenters warned the interpretation reduces statutory protections for many Indian parents.