For some couples that seek the joy of parenting adoption is an exciting option. However, some parents may find that their adoption may be in jeopardy should a child custody claim occur. Recently, a couple found their 2-year-old adopted daughter being taken from their home after her biological father filed for custody upon learning of the adoption. His claim was based on a federal law regarding Native American adoptions. The law affects everyone nationwide, including parents of adopted Native American children in Florida.

The toddler's biological father won his paternity claim under the provisions of the Indian Child Welfare Act, passed into law in the 1970s. Jim Abourezk, the South Dakota Senator who introduced the bill, hoped it would "preserve Native American culture and families," rather than separate children and their parents. At that time, there was concern that non-Native Americans were coming onto reservations and taking children from their biological families. Abourezk indicated that the law was not intended to be used the way it was to take this toddler from her parents.

Representatives of the Cherokee Nation argue that the law was intended to be used exactly in the way this case played out. They maintain that there has to be clear evidence of abuse or negligence on the part of biological Native American parents to strip them of parental rights.

This is a case where family and Native American law collide, resulting in imperfect, messy results. The toddler was raised by her adoptive family for two years, where she found a loving home. On the other hand, the young girl's biological father was seen as fit for parenting and hoped to raise her in a Native American household.

Clearly, this situation is anything but easy. Florida couples that wish to adopt a child had best be advised of all adoption regulations that could potentially affect adoption proceedings. The hope is that a tragic separation, such as this one, should not have to happen.

Source: The Post and Courier, "Decades-old federal act removes 2-year-old girl from only family she's known, but was that the law's intent?" Allyson Bird, Jan. 9, 2012