Case Comment: Adoptive Couple v. Baby Girl, 133 S. Ct. 2552 (2013)

Abstract

This Comment discusses the 2013 United States Supreme Court case of Adoptive Couple v. Baby Girl, which involved an unwed Cherokee father’s (Petitioner) journey to regaining custody of his child, after erroneously granting consent of the child’s adoption to a non-Indian couple.  This Comment further discusses the issues that arise within transracial adoptions, including “cultural authenticity” of adoptive parents and the significance of providing cultural outlets for a transracial adopted child.  This Comment will also address the lack of constitutional protection for unwed fathers in family cases, specifically the “sub-class” of unwed fathers to which the Petitioner belongs.  Generally, this Comment examines the intersectionality of race relations, racial identity and how society has become socialized to view fathers against mothers.