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Adoption refers to the act where an adult formally becomes the guardian of a child and incurs the rights and obligations of a parent. At the conclusion of the formal process, a legal relationship between child and guardian will have formed....

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[Question(s) presented] [Issue(s)] [Facts] [Discussion] [Analysis] Issue

Under the ICWA, can a non-custodial parent or an unwed biological father prevent a non-Indian parent from pursuing adoption?



Petitioners, Matt and...


In 1978, Congress enacted the Indian Child Welfare Act (“ICWA”) to protect American Indian children from widespread removal from their native families and communities and placement in non-Indian homes. Brackeen v. Haaland at 28–29. Prior to ICWA’s...