In the Matter of the Adoption of Jeremiah Halloway, a Person Under 18 Years of Age. Appeal of Navajo Nation

Summary

The Utah Supreme Court held that Utah courts lacked jurisdiction over the adoption of Jeremiah Halloway because Utah abandonment and domicile law could not be applied to defeat the Navajo Nation's exclusive jurisdiction under the Indian Child Welfare Act. It vacated the Utah adoption and parental-rights orders and directed that further custody or adoption proceedings occur in Navajo courts. Justice Stewart concurred in the result but would have relied on the mother's statutory revocation of consent rather than preemption, while concluding that the Utah court otherwise had jurisdiction.