US Supreme Court agrees to hear Capobianco case - WCIV-TV | ABC News 4 - Charleston News, Sports, Weather

US Supreme Court agrees to hear Capobianco case

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WASHINGTON (WCIV) – The United States Supreme Court agreed on Friday to hear the case of baby Veronica Capobianco, who was adopted by a Lowcountry family only to be taken back after the birth father used the Indian Child Welfare Act to reclaim the girl.

The Capobianco family had adopted at birth the daughter of a young woman who was not a tribal member, but the child was considered to be an Indian because of her father's tribal membership. 

The Capobiancos had to give up the child after raising her for two years, because a state court ruled that the federal law took priority over state law. 

The issue in the case is the definition of "parent" under the federal law, including whether that includes an unwed father who "only belatedly claimed parental rights," according to SCOTUSblog, a site that reports on all things related to Supreme Court cases.

"They are just so grateful that the U.S. Supreme Court Justices would accept this case, and I really think it's a testament to why we've all been fighting so hard over the past year. Her rights were really ignored and that's why this case truly needed to be heard on a national level," said Jessica Munday, the Capobianco family spokesperson. 

Munday said if the Supreme Court rules in their favor, they would consider moving to Oklahoma in an effort to keep baby Veronica close to her biological mother and father. 

The Court has not yet scheduled a hearing for the case.

 

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