Federal Appeals Court decision strikes key parts of Native American adoptions law (children)
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NEW ORLEANS — Parts of a federal law giving Native American families preference in the adoption of Native American children were effectively struck down Tuesday by a sharply divided federal appeals court, a defeat for tribal leaders who said the 1978 law was important to protecting their families and culture.
The ruling is an important one and makes it almost certain that the law will, once again, end up before the Supreme Court. While I applaud what the ICWA has achieved and attempts to achieve, my concern is over the impact that the law actually has on children today. It is not the case that the best interests of an American Indian child is inherently with other American Indians. The best interests of the child should always win out, and it should be a fact-specific analysis. From where I stand, nobody should get preference in adoption matters based on their racial background.
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