Baby Veronica’s birth father has filed an application with the U.S. Supreme Court, seeking to stay the South Carolina Supreme Court judgment which ordered the family court to finalize the child’s adoption by the Capobiancos. In support of the application, birth father Dusten Brown urges the likelihood that the U.S. Supreme Court will grant review of the petition for certiorari which he plans to file, and that he will prevail on the merits.
Birth father Brown alleges that the South Carolina Supreme Court did not take into account the current best interests of the three-year-old child, who has been living with her birth father since 2011. Currently, there are pending adoption petitions by both Brown and Baby Veronica’s other relatives, as well as by the Capobiancos. Brown argues that under these conditions, the adoption placement preferences of the Indian Child Welfare Act of 1978 should apply.