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Race A Factor In ICWA Surprise To Biological Mom, So Suing Attorney General

The seal of the Cherokee Nation
Cherokee Nation

The biological mother of a girl at the center of a South Carolina adoption dispute has sued the federal government over a law governing the placement of Indian children.

Christy Maldonado on Wednesday sued U.S. Attorney General Eric Holder seeking a declaration that parts of the Indian Child Welfare Act are unconstitutional.

 
Maldonado's says the law considers race in determining with whom a child should live and therefore violates equal protection provisions. 
 A Charleston-area couple has been trying to adopt Maldonado's now-3-year-old daughter since the girl's birth. Veronica lived with them for two years but has been with her biological father since a 2011 ruling giving him preference because of his Cherokee heritage. 

 South Carolina's highest court ruled last week that she should be returned to the Charleston couple.
 
   

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