Adoptive Couple v. Baby Girl
746 S.E.2d 51
S.C.2013Background
- The South Carolina Supreme Court proceeds after the U.S. Supreme Court reversed its prior ruling and remanded the case for proceedings consistent with Adoptive Couple v. Baby Girl.
- The mandate issued June 28, 2013, transferring jurisdiction to this Court on July 5, 2013.
- Birth Father moved to remand to Family Court for de novo proceedings; Birth Mother and Cherokee Nation joined the remand motion.
- The Court previously held Birth Father’s parental rights could not be terminated under ICWA; the U.S. Supreme Court held ICWA does not bar adoption where the parent never had custody.
- The Court holds that §1915(a) placement preferences do not bar Adoptive Couple’s petition when no other party sought adoptive placement.
- The Court remands for the prompt entry of an order finalizing Adoptive Couple’s adoption, terminating Birth Father’s rights, and transferring custody to Adoptive Couple.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does ICWA permit termination of Birth Father’s rights here? | Birth Father argues ICWA blocks termination. | Adoptive Couple argues ICWA does not bar termination when appropriate. | ICWA does not prohibit termination; termination permitted. |
| Are §1912 and §1915(a) applicable given the record and custody history? | Birth Father/ Cherokee Nation contend ICWA placements apply to deny adoption. | Adoptive Couple contends no other party sought adoptive placement; §1915(a) inapplicable. | §1915(a) not applicable; no other qualified adoptive applicant existed. |
| Is Birth Mother's consent sufficient under state law for the adoption? | Consent concerns focus on paternal rights and termination timing. | Birth Mother's consent satisfies statutory requirements. | Birth Mother's consent is the only consent required. |
| Should the case be remanded to Family Court for de novo proceedings? | Remand would permit consideration of new issues. | Procedural efficiency favored finalizing adoption promptly. | Remand to Family Court for prompt finalization of adoption. |
Key Cases Cited
- Adoptive Couple v. Baby Girl, 398 S.C. 625 (S.C. 2012) (ICWA standards reversed; earlier ruling vacated)
- Gardner v. Baby Edward, 342 S.E.2d 603 (S.C. 1986) (sanctity of the adoption process; finality favored)
- Knoth v. Knoth, 377 S.E.2d 340 (S.C. 1989) (exclusive continuing jurisdiction; child custody matters)