Supreme Court of the United States
Adoptive Couple, Petitioners v. Baby Girl, a Minor Child Under the Age of Fourteen Years
June 25, 2013133 S. Ct. 2552
Summary
The Court held that ICWA provisions barring involuntary termination of parental rights (§§ 1912(d), (f)) do not apply when a biological parent never had custody of the child. The Court further ruled that adoption placement preferences (§ 1915(a)) do not bar a non-Indian family from adopting when no other eligible candidates sought adoption. Justice Sotomayor, dissenting, argued this interpretation contravenes the statute's purpose.