IN RE ADOPTION OF B.G.J.

No. 91,997.

281 Kan. 552 (2006)

IN THE MATTER OF THE ADOPTION OF B.G.J.

Supreme Court of Kansas.

Opinion filed April 28, 2006.


Attorney(s) appearing for the Case

Margie J. Phelps, of Topeka, argued the cause, and Rachel I. Hockenbarger, of Phelps-Chartered, of Topeka, was with her on the briefs for appellant Prairie Band Potawatomi Nation.

Martin W. Bauer, of Martin, Pringle, Oliver, Wallace & Bauer, L.L.P., of Wichita, argued the cause, and Teresa L. Mah, of the same firm, and Michael J. Belfonte, of Michael J. Belfonte, P.C., of Kansas City, Missouri, were with him on the briefs for appellees adoptive parents.

Jill Bremyer-Archer and Casey R. Law, of Bremyer & Wise, L.L.C., of McPherson, were on the brief for amici curiae American Academy of Adoption Attorneys.


The opinion of the court was delivered by

ALLEGRUCCI, J.:

This is an adoption proceeding in which R.B.F. and L.M.F. petitioned the district court to adopt B.G.J., who is an Indian child within the meaning of the Indian Child Welfare Act (ICWA), 25 U.S.C. § 1903(4)(b) (2000). The Prairie Band Potawatomie Nation (Tribe) intervened in the proceeding and objected to the adoption. The district court determined that...

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