SC justices deny requests from birth father, Cherokee Nation to rehear adoption case
South Carolina's highest court on Wednesday refused to rehear a case involving a South Carolina couple's attempts to adopt a girl of Cherokee heritage, setting up a family court action - and potentially a federal lawsuit.
Note: I am saddened by this irresponsible decision by the South Carolina Supreme Court.
The rights of wanna-be adoptive parents should not trump those of a real parent in any circumstance with the exception of it being in the child's best interest, and even then, such decisions shouldn't be made by people like you who have no interest in the best interest of the child, but rather washing your hands of the whole thing because of some whiny infertile couple who can afford a lawyer and who just won't go away.
As for the Indian Child Welfare Act in this case, Dustin Brown should never have had to invoke it because he was the real father and it was lucky for him that he had a "trump card" to play at the 11th hour or he would never have had the opportunity to see or know his own daughter.
In this case it clearly is not in the child's best interest to be returned to the wanna-be adoptive couple. Real parents, (being defined as those who made their own babies, regardless of race or any other factor) who are capable and loving and who are not accused or convicted of harming a child in any way should not have to fight for their rights to their own children. Those rights are God given.
I do not believe that this father was given any realistic opportunity to understand what his rights were or the consequences of any text messages he may have sent between himself and the real mother prior to making them. So basically, this child was adopted out from under him without his knowledge, thus forcing him to invoke the only chance he had.
His military service also interfered with his ability to fight for his parental rights or be there for the child in a timely manner (with the exception of sending cash, which he could have done but shouldn't have had to under the circumstance where the mother dumped him after becoming pregnant with his child and where she could have gotten money anyway under the law of the land and which is the only thing important to people like you). And that is a horrible way to treat any father who fights for our country.
The inability of the wanna-be adoptive parents to have their own child should not entitle them to the children of those who can.
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