A 1970s law to protect Native American children in adoption comes before the Supreme Court next month, as one family alleges it is racially discriminatory.
Chad and Jennifer Brackeen are litigants in a Supreme Court case set for oral arguments next month over the Indian Child Welfare Act, which their lawyers say is racially discriminatory against non-Native families seeking to adopt Native children.
The law was a reaction to high rates of Native children being adopted by non-tribal members – often with little process and unjustly. It prioritizes placing Native children with extended family members, members of their tribe, and if that's not possible, with another Native family. Exceptions for"good cause" are allowed but not specifically defined.
Chad and Jennifer Brackeen told Fox News Digital that they are worried their adopted daughter, Y.R.J., could be "ripped" from their family thanks to the Indian Child Welfare Act.The Brackeens began fostering their adopted son, referred to in court documents as A.L.M., in 2016, after his mother, a member of Navajo Nation, was unable to care for him. Navajo Nation eventually identified A.L.M.
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