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  • Defending the Indian Child Welfare Act

    Image this scenario: a working-class, white, Methodist woman from Iowa named Fran with a serious drinking problem has lost her two children to foster care.  Her cousin, who lives across town is raising them.  Fran is unhappy to learn that she is pregnant with her third child.  She does her best not to drink during the pregnancy but slips a few times.  She decides she wants this child to have an entirely different life, so she goes to an adoption agency where she is told, a happy, healthy, middle-class Muslim couple who live in Cairo will raise her child with love and privilege.  They fly her to Egypt and she gives birth.  The next day, Fran signs away her rights to her child and is flown back to Iowa.  In a couple of days, she realizes she has made a terrible mistake.  She confesses the whole thing to her family, who, desperate to claim the child and bring her back to be raised among them, go to the State Department and cry foul.  The State Department informs the Egyptian couple that they must return the baby to her extended family back in Iowa.  No way, the couple insist, this is their baby.
    Where should this child be raised?

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