Abstract
Adoptive Couple v. Baby Girl raises difficult tensions and issues that animate many reproductive justice cases - the rights of non-marital fathers versus non-marital mothers, the rights of biological parents versus adoptive parents, whether to privilege biological or genetic ties over non-biological ties to the child, and expectations regarding parenthood that reflect gender biases and stereotypes. But the case adds one other dimension that distinguishes it from conventional reproductive justice cases: it presents a conflict between the rights of an American Indian parent and/or Indian tribe versus non-Indian adoptive parents to raise an Indian child. Central to the resolution of this Indian versus non-Indian parent conflict is an understanding of the purpose of the Indian Child Welfare Act (ICWA), which created substantive and procedural protections to prevent the break-up of the Indian family.
| Original language | American English |
|---|---|
| Title of host publication | Feminist Judgments |
| Subtitle of host publication | Reproductive Justice Rewritten |
| Publisher | Cambridge University Press |
| Pages | 265-291 |
| Number of pages | 27 |
| ISBN (Electronic) | 9781108348409 |
| ISBN (Print) | 9781108425438 |
| DOIs | |
| State | Published - Apr 16 2020 |
ASJC Scopus subject areas
- General Social Sciences
- General Arts and Humanities
- General Medicine