Cyber Monday 50% OFF SITE WIDE! Check it out now | Free Shipping + Financing Available!

Supreme Decision Making

by Meika Rouda July 18, 2013

By Meika Rouda

babyveronica2
While last month’s Supreme Court decision to strike down the Defense of Marriage Act received much due attention and celebrating, there was another Supreme Court decision that also deserves a toast.
The Supreme Court had an adoption case pending regarding the rules of the Indian Child Welfare Act. Veronica Capobianco nee Brown was adopted at birth. Her biological mother placed her with a family she had chosen in South Carolina. Veronica’s biological father, Dusten Brown, who is part Cherokee Indian, relinquished his paternal rights through text message to Veronica’s biological mother before she was born. Dusten Brown served in the Iraq war, never paid any child support and didn’t request to see his daughter until she was 22 months old and he learned that his ex-girlfriend had placed her with an adoptive family. Once he learned of the adoption, he claimed he didn’t understand he was relinquishing his parental rights and tried to regain custody under the Indian Child Welfare Act whose intent is to preserve Native American families. While Veronica is 3/256th Cherokee, the court sided with the adoptive parents, saying that the biological father had given up his rights to the biological mother so the ICWA does not apply to this case.
Supporters of adoptive parents have a lot to celebrate. While Mr. Brown is now trying to adopt his daughter through the Oklahoma courts, it seems unlikely that he will succeed and she will be placed back with her adoptive parents.
The victory here is that so often with adoption, the biological parents have many rights and adoptive parents usually don’t. In this case, since the biological mother technically had sole custody and chose to place Veronica with the Capobianco’s, the adoptive parents have rights too. The Capobianco’s were at Veronica’s birth and raised her for the first 22 months of her life. They are her parents too. And while I am sorry that Dusten Brown has regrets about giving up his parental rights, and perhaps he should have had more information or counseling before making that choice, it does not excuse the fact that he never paid child support nor even asked about his daughter until she was almost two years old. The Capobianco’s are her parents and she deserves to be reunited with them. Cheers to the Supreme Court for making not one but two good decisions this summer.

The post Supreme Decision Making appeared first on The Next Family.




Meika Rouda
Meika Rouda

Author


Leave a comment

Comments will be approved before showing up.


Also in Parenting

Modern Fitness For the Modern Parent

by The Next Family March 25, 2016

e13db90f29f21c3e81584d04ee44408be273e7d61cb710479cf7_640_fitness-300x214@2x

Originally published on The Seattle Lesbian

By Laura King

Life can get busy. With work, kids, family commitments, friends, chores, and the general chaos of everyday life, it can be near impossible at times to sit down for a cup of tea, let alone squeeze in an hour of exercise regularly. However, all things are possible if you set your mind to them. Those that prioritize their fitness nearly...

Continue Reading →

Estate Planning: The Basics For LGBT Families

by The Next Family March 25, 2016

With the passage of marriage equality last year, laws have been quickly changing across the United States. LGBT couples with or without children weren’t just given the right of marriage, they were provided new protections and benefits within their families. All of a sudden, LGBT couples and families had to figure out how to file jointly when it came to taxes, how to add...

Continue Reading →

Representation of Modern Families in Kid-Friendly Entertainment

by The Next Family March 24, 2016 1 Comment

SidsFamily

By Alex Temblador

I recently wrote an article for The Next Family called, “Family-Friendly Films That Feature Adoption and Foster Care,” that shared wonderful family films with adoption or foster care story lines. My reasoning behind doing so was because every family deserves a chance to see similar families like theirs represented in various forms of entertainment.

The same can be said of other...

Continue Reading →