I suspect that there are more issues than this brief article can relate. Before
condemning the father, we should probably know more. I suspect that being able
to pay for medical care for someone, to whom you are not married, would be
difficult. Would insurance cover? Assumption of paternity before being able to
test might make many men pause before incurring huge medical debt that they may
not be able to afford. He offered marriage; she refused. Perhaps the tribe can
provide legal support where they could not pay for medical care. Who knows. I
suspect that there were may behind the scenes conversations and issues of which
we are not aware. Certainly the father has worked hard to try and be a father
now. Even if this beautiful child is is less than 2% Native American, she
certainly has enough color in her lovely dark eyes and hair to earn her the
prejudice that many of her ancestors endured. Perhaps it is not the prerogative
of white people to say that race doesn't matter.
That poor child! She's so adorable it kills me to think she is probably so
confused right now. The father isn't a "father" he was a sperm
donor. He wanted to marry or nothing? Shame on him! And shame on him more for
causing more hurt and confusion for the child and the adoptive parents. Give
the girl back to the people she bonded with for the first 27 months!
A simple lesson, if you want to be a dad, man up fron the beginning and
don't mess up your kids life after you have ignored her for a year. Also,
there gets to be a point where relying on racial preferences gets to be a little
silly. Getting special treatment because your great, great, great,
grand-father was of a racial minority borders on the rediculous.
Can you even imagine raising a little child for 27 months and having her taken
away? What that child must have felt as well? Doesn't take a scientist to
figure out what was in her best interest. I hope this ruling helps other
children in similar circumstances, be able to STAY with their adoptive families.
1.2%? Seriously? Ridiculous!
What a beautiful child!
If the father really wanted to be a part of that child's life, he would
have helped the mother out before the child was born, and made it known to her
that he wanted the child. He basically gave up rights until the adoption process
went through, and then chose to challenge the court system with the 1.2%
ethnicity of the child being a Native American. This just smells awful. I
feel the child will be the rope in this tug of war for some time to come.
Clarissa, I think you misread John Pack Lambert's message. It
seems to me that he was saying basically the same thing you iterated. He was
saying that the child should never have been removed from the custody of the
adoptive family. My reading of his words indicates that he would agree with
you.The birth father gave up his parental rights when he chose not
to take any parental responsibility. Taking the child from the adoptive parents
and giving her to the custody of a father who denied responsibility for the
child is wrong. I am so thankful that my son was able to adopt the child of a
father who also denied responsibility for the child. I would hate to think that
at some time in the future, the father would be able to change his mind and sue
Yank the kid out of her home for the first two years of her life, send her
somewhere else. Now yank the kid out her home for the last year. How about doing
whats best for the kid, not the adults.
This poor little girl. Taken away from her parents at 27 months. Now she has
to readjust all over again.You'd think that the SC Supreme
Court would have erred on the side of not uprooting this 2 year old girl from
her parents. Shame on the biological father as well as the SC Supreme Court.
Causing her little heart such grief over 1.2 per cent Cherokee
blood. What a travesty.
I'm sorry to disagree with you John Pack Lambert of Michigan, but that man
had a chance to be a father and he chose not to. He had probably close to a year
to change his mind. I'm adopted, although I was 13 at the time. One of the
best things to happen to me. My birth father just up and left when I was 10.
I've forgiven him for it, but some wounds don't fully heal. That child
should never have been taken from the adoptive family. The kid's welfare
should always come first. I'm certainly glad mine did.
The more I think about it, the more it seems to me that this case does not
involved ICWA at all. I am glad the Supreme Court held that, although I am not
sure they held it strongly enough.ICWA is about adopting out of
children after birth, taking them from families that exist in some sense. Here,
the father never had a family at all.The lower courts made a bad
decision, and the courts should have prevented removal of the child at all until
the case was fully decided.
In this case the "Indian Child Welfare Act" is functioning as the
"Indian Child Endangerment Act". Children adopted at birth should be
kept with their parents, the removal of the child was the wrong move, and I have
to agree with the Supreme Court here.People need to start valuing
the good of a child over collective goods of groups. The anti-adoptionist
rhetoric has given us a condition where too many children are aborted. A father who had not provided support should not be able to kill an adoption
after the fact. We need new adoption laws in this country that do
not take race into account.
Wonderful! Some glimmer of hope and common sense coming out of the Supreme
court. Keep it up!