[MizT]

Hello all,
I wanted to reach as many of you as possible, so I am posting in this general category. Have you seen the story about Veronica Capobianco?? One of those tragic adoption stories that we all hate. This time, The Indian Child Welfare Act (ICWA) is working against the best interests of the child. (BDad only registered with the tribe AFTER he wanted Veronica. The child is only 1% Cherokee.)

From the site: On December 31, 2011, the Capobianco family was forced to hand their 2-yr-old adopted daughter over to her biological father - a man that was absent during the birth mother's pregnancy, informed her that he wanted to sign over his rights and signed a legal document stating he would not contest the adoption. Four months after the baby was born, he changed his mind. At this point Veronica was settled into her home and the Capobiancos were loving raising their daughter - all while still having a wonderful relationship with the birth mother - allowing her to still be a part of Veronica's life. The adoption was an open adoption and everything about this particular story couldn't have been more perfect. Veronica deserves to stay with the only family she has ever known - the family chose for her by her biological mother. Please support us and help bring Veronica home!

Please sign the petition and write to your congressmen and the Cherokee Nation as you see fit. There is also a Facebook page for updates.

Save Veronica

[RavenSong]

I'm curious as to where you got your information that the child has only 1 percent Cherokee blood. Although the requirements differ among the various bands of the Cherokee Nation, none of them allow anyone who has a blood quantum of less than 1/16th to enroll as a tribal member. Most of the bands require a quantum of at least 1/4th Cherokee blood...and they must prove direct lineage to an ancestor who signed the Dawes Rolls.

I've read most of the articles published online about this case in recent days, and none of them state anything about the child only being 1-percent Cherokee.

[MizT]

Interesting. The website has changed since yesterday when it stated she was less than 1%. (I copied and pasted the info.) Wonder if it was a typo and should have stated less than 16%??

Regardless, the situation stinks.

[Emmesmom]

Talk about a quick ride to an attachment disorder. Regardless of who is right or wrong here, Baby Veronica will suffer.

[millie58]

I have cherokee ancestry and they're working a nerve!! Veronica's best interests have been kicked to the curb.

[Brita]

While I agree this is a horrible situation. This birth father has been fighting since this child was four months old. He revoked his consent only two weeks after he gave it. IMO this child should have been with him a long time ago. It's a very sad situation for everyone nonetheless.

[Brita]

While I agree this is a horrible situation. This birth father has been fighting since this child was four months old. He revoked his consent only two weeks after he gave it. IMO this child should have been with him a long time ago. It's a very sad situation for everyone nonetheless.

[Barb65]

Originally Posted by Brita

While I agree this is a horrible situation. This birth father has been fighting since this child was four months old. He revoked his consent only two weeks after he gave it. IMO this child should have been with him a long time ago. It's a very sad situation for everyone nonetheless.

Agreed, depending on state laws that if he revoked his consent only two weeks later that most state laws would protect his interest, and the child should have been returned at that time.

I'm really confused however on the ICWA implications. I've read things from 1% to 15%. Being 12.5% Cherokee myself with my kids being the last generation eligible for registration at 6.25% I have lots of questions. I'm not registered because you have to either be registered by your parents as a child or register within so much time of your 18th birthday (which I had already passed by the time I knew the rules, so I'm not eligible). I'm reading a lot of conflicting information concerning birth dad's registration or eligibility for registration. Seems to me like somebody has a good lawyer pulling all the right strings and it is likely that many if not most of us could fufill the same 'blood" requirements with the right lawyer representing us. I'm not anti-tribal rights by any means, but as a blonde hair blue eyed caucasian that only knows traditional European culture, I'd be pretty ticked if as a child I was placed on a reservation based on some minimal blood affilitation that likely my caucausian adoptive parents shared as well.

[iwagrlVA]

My DS's bfather was going to try the same stunt. He wasn't Cherokee though. Registered with the tribe a couple of years after the adoption. I'm pretty sure the law read the child had to be 1/32 Native American. Maybe it was that the parent had to be 1/32? I can't remember exactly, but I remember the 1/32. You can check tribal law for more info.

Anyhow, good luck. It's so sad for the child.

[bluebonnet_72]

My dh has a tribal card stating he is 1/32 Cherokee and he is definately an enrolled member. Cherokees have a "one drop" rule.

[millie58]

Cherokees have a "one drop" rule. that's interesting!! I thought it had to be on the mother's side.