ADOPTIVE COUPLE v. BABY GIRL

No. 27148.

398 S.C. 625 (2012)

731 S.E.2d 550

ADOPTIVE COUPLE, Appellants, v. BABY GIRL, a minor child under the age of fourteen years, Birth Father, and the Cherokee Nation, Respondents.

Supreme Court of South Carolina.

Decided July 26, 2012.

Rehearing Denied August 22, 2012.


Attorney(s) appearing for the Case

Mark D. Fiddler , of Minneapolis, Minnesota, Raymond W. Godwin and Julie M. Rau , both of Greenville, and Robert Norris Hill , of Newberry, all for Appellants.

John S. Nichols , of Bluestein, Nichols, Thompson & Delgado, of Columbia, Lesley Ann Sasser and Shannon Phillips Jones , both of Charleston, all for Respondent, Birth Father.

Chrissi R. Nimmo , of Tahlequah, Oklahoma, for Respondent, Cherokee Nation.

James Fletcher Thompson , of Spartanburg, and Philip McCarthy , of Flagstaff, Arizona, for Amicus Curiae, the American Academy of Adoption Attorneys.

Dione Cherie Carroll , of Miami, Florida, for Amici Curiae, the Catawba Indian Nation, the North American Council on Adoptable Children, the Child Welfare League of America, the National Indian Child Welfare Association, and the Association on American Indian Affairs.

Thomas P. Lowndes, Jr. , of Charleston, for the Guardian ad Litem.


Chief Justice TOAL.

This case involves a contest over the private adoption of a child born in Oklahoma to unwed parents, one of whom is a member of the Cherokee Nation. After a four day hearing in September 2011, the family court issued a final order on November 25, 2011, denying the adoption and requiring the adoptive parents to transfer the child to her biological father. The transfer of custody took place in Charleston, South Carolina, on December 31, 2011, and...

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