1995
In
1995, the Sisseton-Wahpeton Sioux Tribe of South Dakota filed a
petition seeking to invalidate the adoption of a three-month old infant
boy. The parents had planned to put their son up for adoption because of
financial problems, but then changed their mind after he was born.
After returning home from the hospital with her son, the mother signed
the consent form and reluctantly gave her child to Easter House after
repeated calls from the agency. She changed her mind within hours. The
Indian Child Welfare Act (ICWA), a federal law, was passed in 1978 to
protect the rights of Native American children, who were being removed
illegally from tribes and reservations and being placed with White
families. The law says that a Native American mother can't consent to an
adoption until 10 days after the birth and that she can revoke her
consent anytime before the adoption is final. Under Illinois state law,
however, a consent to adoption is irrevocable after 72 hours. The mother
had told Easter House that she was an American Indian, but the agency
did not follow ICWA procedures and refused to help rescind the adoption.
"They told me I could change my mind," she said. "I felt betrayed." The agency's lawyer said the agency acted legally.
The
people who were going to adopt the boy agreed to give him back because
they said they did not believe that protracted litigation in Illinois
courts would be in the best interest of the child.
Sources:
Jeff Flock. "Native American Woman Sues to Revoke Adoption," CNN,
Transcript #1084-6. Section News: Domestic. Show: News 10:26 pm et.
January 3, 1995.
"In Circuit Court," Chicago Daily Law Bulletin, January 26, 1995.
Andrew
Fegelman, "Adoptive Couple Agree to Give Up Infant." Chicago Tribune,
Section Metro Northwest, Pg. 4; Zone NW, February 2, 1995.
Lou
Ortiz, "Mom Sues to Reverse Son's Adoption; Indian Child Welfare Act
Cited." Chicago Sun-Times, Section News; P. 14, Feb 2, 1995.
M.A. Stapleton. "Adoption dispute ended in best interests of child. Chicago Daily Law Bulletin, P. 1, February 1, 1995.
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