Adoption of Lindsay C

In Adoption of Lindsay C. (1991) 229 Cal. App. 3d 404, the child was born out of wedlock to an Indian father and a non-Indian mother. When the mother later married and her husband sought to adopt the child, the court declined to extend the dissolution exception in proceedings to terminate the parental rights of the Indian father. The court held the ICWA was clearly applicable, inasmuch as it was clear the child was an Indian child and the termination of parental rights was at issue. ( 25 U.S.C. 1912(a).) The court held it was just as clear that "the language of the Act makes but two exceptions: it does not apply to the custody provisions of a dissolution decree or to delinquency proceedings. ( 25 U.S.C. 1903(1).)" ( Lindsay C., supra, 229 Cal. App. 3d at p. 408.)