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Cherokee girl Veronica is handed over to adoptive parents Cherokee girl Veronica is handed over to adoptive parents
(35 minutes later)
A Cherokee girl has been returned to her adoptive parents after Oklahoma's Supreme Court dropped a court order leaving her with her biological father. A Cherokee girl has been returned to her adoptive parents, ending a bitter custody battle that raised questions of parental and Native American rights.
Veronica, four, was transferred to the South Carolina couple after her birth father, Dusten Brown, failed in his bid for an appeal. Veronica, four, was handed over to the South Carolina couple by her birth father as his appeal bid failed.
Veronica was given up for adoption by her birth mother in September 2009. Oklahoma's Supreme Court had bowed out of the case late on Monday, effectively validating her adoption.
The case raised complicated questions about parental rights and tribal sovereignty. The Cherokee Nation, to which the girl's birth father belongs, had insisted she would stay with the tribe.
A spokeswoman for the Cherokee Nation, of which Mr Brown is a member, confirmed Veronica had been handed over to Matt and Melanie Capobianco on Monday night. Veronica was transferred on Monday night to Matt and Melanie Capobianco, who came to Oklahoma last month insisting they would not go back to their home in Charleston, South Carolina, without the girl.
The transfer happened hours after the state high court ended its own temporary order keeping Veronica with Mr Brown and his family. "She's safely in her parents' arms," said Jessica Munday, a spokeswoman for the Capobiancos.
The Cherokee Nation had insisted the girl would remain with the tribe. Veronica was given up for adoption by her non-Cherokee birth mother, Christina Maldonado, during pregnancy. Ms Maldonado had become estranged from the girl's biological father, Dusten Brown.
"She's safely in her parents' arms," said Jessica Munday, a spokeswoman for Matt and Melanie Capobianco, Veronica's adoptive parents. Veronica lived with the Capobiancos from her birth in September 2009.
Veronica was given up for adoption by her non-Cherokee birth mother, Christina Maldonado, during pregnancy after she and Mr Brown became estranged. But when she was 27 months old, Mr Brown won her back.
Veronica lived with the Capobiancos from birth until she was 27 months old when Mr Brown won her back.
He was awarded custody under the Indian Child Welfare Act, which seeks to grant Native American families priority in adoptions of children born to members of any tribe.He was awarded custody under the Indian Child Welfare Act, which seeks to grant Native American families priority in adoptions of children born to members of any tribe.
But the US Supreme Court ruled in June the law did not apply in this case because Mr Brown had been absent from the child's life and he had not had previous custody. But in June this year, the US Supreme Court ruled that law did not apply in this case because Mr Brown had been absent from the child's life and he had not previously had custody of Veronica.
On Monday, Oklahoma's Supreme Court lifted a court order halting the girl's transfer to the Capobiancos, while it considered the case. While it considered the case, Oklahoma's Supreme Court imposed a temporary order keeping Veronica with Mr Brown and his family.
Its decision to bow out left in place a South Carolina court order validating the adoption. But late on Monday, the court lifted that order and bowed out, without explaining its decision.
Its move left in place a South Carolina court order validating the adoption.
In a statement, Cherokee Nation Attorney General Todd Hembree said Mr Brown and his family packed clothes and toys for Veronica before she was driven to the Capobiancos, a short distance away.In a statement, Cherokee Nation Attorney General Todd Hembree said Mr Brown and his family packed clothes and toys for Veronica before she was driven to the Capobiancos, a short distance away.
Mr Hembree said that he hoped "the Capobiancos honour their word that Dusten will be allowed to remain an important part of Veronica's life". Mr Hembree said that he hoped "the Capobiancos would honour their word that Dusten will be allowed to remain an important part of Veronica's life".
Ms Munday said the Capobiancos were now free to return with Veronica at any time to their home in Charleston, South Carolina. Based in Oklahoma, the Cherokee Nation is the largest of three tribes considered descendants of the Cherokee people in the south-eastern part of the country, before their forcible relocation by the US government in 1830s.
The Cherokee Nation is the largest of three tribes considered descendants of the Cherokee people in the south-eastern part of the country, before their forcible relocation by the US government in 1830s. The Nation is now based in Oklahoma. Hundreds of tribes operate at various levels of semi-autonomy from the US, even using separate court systems.
Hundreds of tribes operate at various levels of semi-autonomy from the US, including separate court systems.