I found this in one of the court documents for the child and the father about the so called independent GAL
2. The Family Court appointed a guardian ad li- tem (GAL) who has filed a brief in this Court that purports to be on behalf of Baby Girl and asserts that Baby Girls interests would be best served by awarding custody to petitioners. GAL Br. 22. In fact, the GAL is not a neutral party. Although appointed by the Family Court, that court noted that the GAL and her attorney both were unilaterally selected by [petitioners] counsel (Pet. App. 129a); the GAL had a continuing business relationship with petitioners attorney, with whom she had worked frequently in
the past and who had already referred her multiple cases in 2009. Trial Tr. 591-592.
In this case, although the GAL had performed a comprehensive home study of petitioners, she resist- ed repeated requests from Fathers attorney to con- duct a home study of Father. Trial Tr. 619-621. When the GAL finally did conduct such a study, well over a year after her appointment and some five months after counsels request, she informed Father and his family that she knew the adoptive couple prior to the child being placed in their home and had worked with them before the child had been placed (JA 113); that petitioners were a well- educated couple with a beautiful home, could afford to send Baby Girl to any private school that they chose and, when she was older, to any college she wanted; and that there was nothing that Baby Girl needed that petitioners could not buy for her. JA 146-147. The GAL therefore told Fathers family that they really need[ed] to get down on [their] knees and pray to God that [they] can make the right deci- sion for this baby (id. at 148), and they needed to talk to God and pray about taking the child from the only family that she has known (id. at 113). At trial, Father stated that the GAL treated him and his fam- ily as a bunch of * * * rednecks that cant * * * afford anything, that were not able to provide this child with proper education, schooling * * *. Pretty much that we werent fit to love this child and raise her. Trial Tr. 514.
The GALs initial report did not note Baby Girls Native American heritage because the GAL thought that was not something * * * the courts need to take into consideration. Trial Tr. 632. As for the GALs view of Native American culture, she stated that the
advantages of having Native American heritage in- clude[ed] free lunches and free medical care and that they did have their little get togethers and their little dances. Id. at 634.
Given the GALs obvious bias, respondents ini- tially sought her removal. But rather than delay the proceedings, respondents ultimately withdrew this motion on the understanding that the Family Court would not consider either the GALs conclusion re- garding Baby Girls best interests or the GALs cus- tody recommendation. See Pet. App. 51a n.44. In- deed, South Carolina law precludes a guardian ad li- tem in a private adoption from providing a custody recommendation unless one is requested by the court (see S.C. Code § 63-3-830(A)(6)); no such request was made here.
3. After holding a four-day hearing to resolve custody of Baby Girl, the Family Court determined that ICWA applied to the proceeding, rejecting peti- tioners invocation of the so-called existing Indian family doctrine that, petitioners asserted, barred application of ICWA when the Indian child was not part of an Indian family at the time of the proceed- ing. Pet. App. 118a. The court went on to hold that Father meets ICWAs definition of parent because he has both acknowledged paternity and paternity has been conclusively established in this action through DNA testing. Id. at 119a-120a. This meant that the only way this adoption can be granted is if the [petitioners] prove grounds upon which [Fathers] parental rights can be terminated [under South Car- olina law], and prove that custody of the minor child with [Father] is likely to result in serious emotional or physical damage to the child [under ICWA]. Id. at 122a-123a.
http://turtletalk.files.wordpress.com/2013/03/12-399-bs-birth-father.pdf