Going to the Supreme Court in the hopes that they will change this law is NOT the answer!
This law is AWFUL for the child, but Congress made the law and Congress needs to change the law. Unless something is unconstitutional we shouldn't be relying on SCOTUS to change the law, or create new laws, so that we are happier. This is what got us Roe v. Wade, and a host of other horrible decisions.
Indians hold a special status in the U.S. They are still sovereign but must follow federal laws. The solution here is simple -- change the law.