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Supreme Court: Child belongs with adoptive parents, give her back

Charlie Butts   ( Thursday, July 18, 2013

At some point in the near future, Baby Veronica, the subject of state and federal lawsuits, will be returned to her adoptive parents in South Carolina. 

Veronica was adopted by Matt and Melanie Capobianco of South Carolina.

Lori McGill is an attorney who represented the birth mother, who wanted the Capobiancos to have the baby.

“The great news,” says McGill, “is that I think even more swiftly than expected we received a ruling from the South Carolina Supreme Court definitively declaring that the Capobianco's adoption by Veronica will be finalized, and that she will be transferred back to South Carolina, where she lived for the first 27 months of her life.”

Capobianco familyTwo and a half years later, her father sued for return custody under the Indian Child Welfare Act of 1978 and won before the South Carolina Supreme Court. The child was turned over to him.

The decision was appealed to the U.S. Supreme Court, which recently ruled in favor of the adoptive parents and remanded to the case to the South Carolina Supreme Court.

The Supreme Court ruled that irrespective of the Indian Child Welfare Act, a birth father who signs over the rights cannot steal back in the middle of the night two and a half years later and claim her.

The child has been separated from her adoptive parents for the last year and a half. 

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