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MATTER OF BABY BOY C.

5 Misc.3d 377 (2004)

784 N.Y.S.2d 334

In the Matter of the Adoption of BABY BOY C.

Family Court, New York County.

August 24, 2004.

Attorney(s) appearing for the Case

Rosin & Reiniger, New York City (Benjamin Rosin of counsel), for Tohono O'odham Nation.

Magovern & Sclafani, New York City (Frederick Magovern of counsel), for adoptive parents.

Alexander Carlin, New York City, guardian ad litem.

OPINION OF THE COURT

MARY E. BEDNAR, J.

This decision addresses the applicability of the Indian Child Welfare Act (25 USC § 1901 et seq. [ICWA]) to the instant private adoption proceeding — an issue which has rarely been written on in New York State. The subject child was born in Arizona on March 22, 2004, and the adoptive parents took almost immediate possession of him. The child has been living with the adoptive parents ever since.<...

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