Buchea

We decide an issue of first impression: does a Tribal Custom Adoption, recognized by Alaska state authorities at the instance of tidal authorities, preclude the adopted child from recovery under Alaska’s Wrongful Death statutes for the loss of a biological parent?

Dora Buchea, mother and personal representative of the Estate of Wayne Booshu, appeals the district court’s summary judgment dismissal of her action under the Federal Tort Claims Act, 28 U.S.C. §§ 2671-2680 , seeking damages for medical malpractice for the wrongful death of Booshu, who died in October 1994 from a brain aneurysm. The district court concluded that Booshu’s daughter Laura was not his beneficiary under Alaska’s Wrongful Death Act because she had been adopted by her maternal grandparents. We affirm.

FACTS AND PROCEDURAL HISTORY

The facts are not in material dispute. On October 7, 1994, Wayne Booshu, a lifelong resident of St. Lawrence Island, Alaska and a Native Alaskan Eskimo, died from a brain aneurysm. Booshu was survived by two biological children, Laura Mae Toolie and Harry Uglowook. Laura had lived with her maternal grandparents in the Native Village of Savoonga from the time of her birth in 1985.…