
Adoptive Couple V. Baby Girl - 40acres
https://en.wikipedia.org/wiki/Adoptive_Couple_v._Baby_Girl
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syrrim
From sotomayer's dissent:

>there was nothing to prevent the grandparents from filing a petition to adopt
the child.

This strongly suggests that the goal of the statute was purely to keep indian
children indian. If the parents don't want to do so? Perhaps the grandparents
will. If the mother doesn't want to? Perhaps the father will.

That said, it is clear that the most likely alternative to adoption in similar
situations is for the mother to raise the child, which would also result in
the child not being indian. Notably, the father presented no intention to stop
this, until it was determined the child would be adopted. I wonder: why did
Brown decide to seek custody when he found out about the adoption?

