Supreme Court hears case on Native Americans and adoption

📆 12/3/2022 4:55 AM
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Native American families have an advantage in adopting and fostering Indigenous children. But should they? That is the question the U.S. Supreme Court will have to answer after hearing the case, Haaland v. Brackeen.

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“It favors all Indian persons over all non-Indian persons in in foster and adoptive care. And I don’t think that can be described as anything other than a racial classification,” said Matthew McGill, a lawyer who is representing the non-Native adoptive families presenting the challenge. ICWA says a child’s extended family, tribe and other Indigenous families get first dibs to adopt a Native child. If they do not want the child, then non-Native families have an opportunity to adopt.

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