Chad and Jennifer Brackeen, whose fight to adopt Native American children has taken them to the Supreme Court, now fear losing custody of the child who has lived with them since infancy.
— a law passed by Congress in 1978 that prioritizes placing Native American children in foster or adoptive homes with tribal relatives.
“We were the only parents he knew,” the couple told The Post. “Although we don’t share his heritage, we were learning to embrace it, encourage it and foster him and his heritage. It was in his best interest to stay in our family.” But the family’s adoption saga took another turn in June 2018 when A.L.M.’s biological mother gave birth to his half-sister, identified in court documents as Y.R.J. Jennifer and Chad filed for custody, arguing that keeping the siblings together would be best for them, but Navajo Nation countered for custody to go to the girl’s great-aunt who lived on a reservation.
There’s no threat of the Brackeens losing custody of their adopted son, who is now 7, but the Supreme Court decision in Brackeen v. Haaland — expected sometime next spring —could impact his half-sister’s final placement. A Texas family court trial regarding the girl’s adoption is set for December. Nearly 500 of the 574 federally recognized tribes want the Supreme Court to uphold ICWA and 23 state attorneys general, including New York’s Letitia James, announced their support of the law in aLosing custody of a girl who has lived with them since infancy “would be an earthquake for our family,” Chad Brackeen told The Post.
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