§ 1913. — Parental rights; voluntary termination.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC1913]
TITLE 25--INDIANS
CHAPTER 21--INDIAN CHILD WELFARE
SUBCHAPTER I--CHILD CUSTODY PROCEEDINGS
Sec. 1913. Parental rights; voluntary termination
(a) Consent; record; certification matters; invalid consents
Where any parent or Indian custodian voluntarily consents to a
foster care placement or to termination of parental rights, such consent
shall not be valid unless executed in writing and recorded before a
judge of a court of competent jurisdiction and accompanied by the
presiding judge's certificate that the terms and consequences of the
consent were fully explained in detail and were fully understood by the
parent or Indian custodian. The court shall also certify that either the
parent or Indian custodian fully understood the explanation in English
or that it was interpreted into a language that the parent or Indian
custodian understood. Any consent given prior to, or within ten days
after, birth of the Indian child shall not be valid.
(b) Foster care placement; withdrawal of consent
Any parent or Indian custodian may withdraw consent to a foster care
placement under State law at any time and, upon such withdrawal, the
child shall be returned to the parent or Indian custodian.
(c) Voluntary termination of parental rights or adoptive placement;
withdrawal of consent; return of custody
In any voluntary proceeding for termination of parental rights to,
or adoptive placement of, an Indian child, the consent of the parent may
be withdrawn for any reason at any time prior to the entry of a final
decree of termination or adoption, as the case may be, and the child
shall be returned to the parent.
(d) Collateral attack; vacation of decree and return of custody;
limitations
After the entry of a final decree of adoption of an Indian child in
any State court, the parent may withdraw consent thereto upon the
grounds that consent was obtained through fraud or duress and may
petition the court to vacate such decree. Upon a finding that such
consent was obtained through fraud or duress, the court shall vacate
such decree and return the child to the parent. No adoption which has
been effective for at least two years may be invalidated under the
provisions of this subsection unless otherwise permitted under State
law.
(Pub. L. 95-608, title I, Sec. 103, Nov. 8, 1978, 92 Stat. 3072.)
Section Referred to in Other Sections
This section is referred to in section 1914 of this title.
