Appeals Court Hears Case on Adoptions of Native Americans

Posted on March 13, 2019 6:59 pm

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A 1978 law giving preference to Native American families in foster care and adoption proceedings involving American Indian children is an unconstitutional race-based intrusion on state powers that has caused families to be “literally torn apart,” an attorney told a federal appeals court Wednesday. But supporters of the decades-old law say it’s needed to protect and preserve Native American culture and families. In court, lawyers for Indian tribes argued that the law’s definition of an Indian child is based not on race, but on tribal political affiliations. “A child whose `Indian-ness’ is based solely on race … does not qualify,”