In terms of the “optics,” it doesn’t look good when you initiate a lawsuit against “Baby Girl.” But don’t let that fool you into thinking that the Capobianco family of South Carolina, who launched the lawsuit “Adoptive Couple versus Baby Girl,” and who won today at the Supreme Court, were in the wrong. They simply wanted to get their adoptive baby back. And after a three year legal battle, they have finally won.
As this magazine reported in August of last year:
Matt Capobianco, who works at Boeing, and his wife Melanie, a psychologist, spent years trying to conceive a child, even going so far as to attempt in-vitro fertilization seven times. The couple ultimately decided to adopt, and found a pregnant mother in Oklahoma who was willing to give them her child. So taken with the Capobiancos was the birth mother that she even let Matt cut the umbilical cord when the little girl, whom the Capobiancos named Veronica, was born in September 2009. The child’s birth father waived his parental rights, declaring that he “would not be responsible in any way for child support or anything else as far as the child’s concerned,” and Matt and Melanie took Veronica back to South Carolina, where they began to raise her as their own.
Four months later, Veronica’s birth father, a soldier in the U.S. Army living in Oklahoma named Dusten Brown, changed his mind and initiated legal proceedings to gain custody of Veronica. Normally, this would have been an easy win for the Capobiancos; not only had Brown signed away his rights, he had also provided no support through the pregnancy. But there was a hitch.
The Indian Child Welfare Act ensures that in custody cases involving adoptions and foster care, preference is always given to keeping Indian children in Indian families.
Whole thing here.