Adoptive Couple Case Summary

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Tania Covarrubias
Criminal Justice 234
Tina Russom
February 16, 2018
Appealed Case
Summary
The Adoptive Couple, who resided in South Carolina, began adoption proceedings for Veronica who was listed as a Hispanic by her mother. The adoption was never final because during the works. The Cherokee Nation was searching for the father (registered member) and “filed a notice of intervention, stating that Baby Girl was an "Indian Child" under the Federal Indian Child Welfare Act (ICWA)” (). The father stated he did not agree to the girl to be placed in adoption and began seeking custody of his daughter. After trial, the family court denied Adoptive Couple's petition for adoption and granted custody to the biological father.
Matt and Melanie Capobianco were ordered by a Charleston family court judge to return their two-year old adopted daughter (Veronica) to her Native American birth father, the couple has appealed the decision to the U.S. Supreme Court. The U.S. Supreme Court agreed to hear the case “appealed from the South Carolina Supreme Court regarding a Charleston couple and their custody of their adopted three-year old baby Veronica” (). In late 2011, James Island residents Matt and Melanie Capobianco were ordered by the South Carolina Supreme Court to turn over the child, who was two-years old at the time, after the court ruled a 1978 law, …show more content…
The mother knew she couldn’t keep the child because she already struggled with two other children. She sent the biological “father a text message asking if he would rather pay child support or relinquish his parental rights. He sent a text back, saying that he would relinquish his rights, though he later testified that he thought he was relinquishing his rights only to the mother” (“Adoptive Couple”,2018). In this case, however, the Court noted that the biological father never had either legal or physical custody of Baby Girl and had previously relinquished his parental
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