In re the Adoption of Baby Boy C.
This case concerns a private adoption proceeding in New York State for a child born in Arizona in 2004. The biological mother is a registered member of the Tohono O’odham Nation, which opposes the adoption and seeks to intervene, arguing the Indian Child Welfare Act (ICWA) applies. The adoptive parents contend ICWA does not apply, citing the 'existing Indian family doctrine' (EIF), which posits ICWA is inapplicable if the Indian parent or child has no significant connection to their tribe. The adoptive parents also filed a motion to disqualify the tribe's attorney. The court denies the motion to disqualify counsel, finding the information shared was not confidential or impactful. The judge adopts the reasoning of Bridget R. regarding the EIF doctrine, finding it necessary for the constitutionality of ICWA, but adjourns the case for a hearing to determine if an Indian family exists, placing the burden of proof on the tribe. The court also clarifies that ICWA can apply to voluntary private adoptions and supersedes Social Services Law § 373 regarding religious placement preferences.