In Adoptive Couple v. Baby Girl, the United States Supreme Court, in essence, says that an absentee Indian cannot rely on ICWA to challenge an adoption. The Court said that the heightened standard outlined in ICWA does not apply to a parent that has not either had physical or legal custody of the child. The essence of the ICWA is to preserve

Terminating a parent’s rights or taking his consent and relinquishment without a pending adoption primarily occurs  in DSS cases. The Court approving a Consent and Relinquishment or terminating a parent’s rights without a pending adoption is rare in private actions. The person would have had to have done something  egregious to warrant a Court terminating