Sessions Information

  • January 4, 2014
    8:30 am - 10:15 am
    Session Type: AALS Hot Topic Programs
    Session Capacity: N/A
    Location: Hilton New York Midtown
    Room: Regent Parlor
    Floor: Second Floor

    On June 15, 2013, the Supreme Court decided Adoptive Couple v. Baby Girl, its first case on the Indian Child Welfare Act in 24 years.   The case raises conflicting visions regarding child welfare, race, adoption, fatherhood, and the status of Indian tribes.   The 5-4 decision reflects deeply divided views of the meaning of the statute, with a controlling interpretation that may decimate the rights of birth fathers in ICWA cases and even the scope of ICWA itself.  Conflicting amicus briefs from the National Council for Adoption (the trade group for private adoption agencies) and the 18 leading organizations in the country working on child welfare raise equally divided questions of the connection between the law and the best interests of children.  Finally, with claims by the adoptive couple and their amici of race-matching and equal protection concerns, and claims by the birth father and Indian tribes of an adoption industry illegally preying on Indian children, perspectives on the role of race in adoptions and even the constitutional status of Indian tribes are placed in conflict as well.   This panel explores these questions with scholars of federal Indian law, family law, constitutional law, and critical race theory. 

Session Speakers
University of Connecticut School of Law
Moderator and Speaker

Michigan State University College of Law
Speaker

Seton Hall University School of Law
Speaker

Session Fees
  • 6056 AALS Hot Topic/Bridge Program - Adoptive Couple v. Baby Girl: At the Intersection of Family Law, Indian Law and Civil Rights : $0.00