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111 Mich. L. Rev. First Impressions 46 (2012-2013)
Adoptive Couple v. Baby Girl: Two-and-a-Half Ways to Destroy Indian Law

handle is hein.journals/mlro111 and id is 51 raw text is: ADOPTIVE COUPLE V. BABY GIRL: TWO-AND-A- HALF WAYS TO DESTROY INDIAN LAW Marcia Zug * In December 2011, Judge Malphrus of the South Carolina family court ordered Matt and Melanie Capobianco to relinquish custody of Veronica, their two-year-old, adopted daughter, to her biological father, Dusten Brown.1 A federal statute known as the Indian Child Welfare Act (ICWA)2 mandated Veronica's return. However, the court's decision to return Veronica pursuant to this law incited national outrage and strident calls for the Act's repeal.3 While this outrage was misplaced, it may nonetheless have influenced the U.S. Supreme Court's decision to hear the appeal. The case of Adoptive Couple v. Baby Girl is emotionally complicated, but it is not legally complex. Therefore, the Court's interest is surprising and likely means that this case will determine more than the fate of a single child. The court returned Veronica Capobianco to her biological father because the termination of his parental rights and the subsequent adoption attempt did not comply with the requirements of ICWA. South Carolina law would have permitted the involuntary termination of Brown's parental rights, but ICWA supersedes state law and forbids such involuntary terminations. Consequently, because Brown never relinquished his rights, the family court held that Veronica was not eligible for adoption and that she must be returned to Brown. The South Carolina Supreme Court subsequently affirmed this decision. The court agreed that under the clear * Marcia Zug is an associate professor of law at the University of South Carolina School of Law. She would like to thank her colleague Professor Tommy Crocker for his invaluable assistance with this essay. 1. Adoptive Couple v. Baby Girl, 731 S.E.2d 550, 550, 556 (S.C. 2012) cert. granted, No. 12-399 (Jan. 4, 2013); Allyson Bird, Broken Home: The Save Veronica Story, CHARLESTON CITY PAPER, Sept. 26, 2012, available at http://www.charlestoncitypaper.com/charleston/broken-home/Content?oid=4185523. 2. Indian Child Welfare Act of 1978, Pub. L. 95-608, 92 Stat. 3069 (codified in scattered sections of 25 and 43 U.S.C.). 3. See, e.g., Bird, supra note 1; Veronica May Not Be Saved, ABC NEWS 4 (July 26, 2012, 6:20 PM EST), http://www.abcnews4.com/story/19121303/veronica-may-not-be-saved (last updated July 27, 2012, 2:16 AM); Anderson Cooper 360. Baby Veronica's Story (CNN television broadcast Feb. 21, 2012); Dr. Phil: Adoption Controversy: Battle over Baby Veronica (NBC television broadcast Oct. 18, 2012), available at http://www.youtube.com/watch?v=hdWzeOzdhaw.

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