Title 25 — IndiansRelease 119-73

§1916 Return of custody

Title 25 › Chapter CHAPTER 21— - INDIAN CHILD WELFARE › Subchapter SUBCHAPTER I— - CHILD CUSTODY PROCEEDINGS › § 1916

Last updated Apr 6, 2026|Official source

Summary

Even if state law says otherwise, if an adoption of an Indian child is undone or the adoptive parents give up their rights, a biological parent or a prior Indian custodian can ask the court to get the child back. The court must return the child unless, after a hearing under section 1912, it finds return would not be in the child’s best interest. If an Indian child is moved from foster care for another foster, pre‑adoptive, or adoptive placement, that placement must follow this chapter’s rules, except when the child is being returned to the parent or Indian custodian they were taken from.

Full Legal Text

Title 25, §1916

Indians — Source: USLM XML via OLRC

(a)Notwithstanding State law to the contrary, whenever a final decree of adoption of an Indian child has been vacated or set aside or the adoptive parents voluntarily consent to the termination of their parental rights to the child, a biological parent or prior Indian custodian may petition for return of custody and the court shall grant such petition unless there is a showing, in a proceeding subject to the provisions of section 1912 of this title, that such return of custody is not in the best interests of the child.

(b)Whenever an Indian child is removed from a foster care home or institution for the purpose of further foster care, preadoptive, or adoptive placement, such placement shall be in accordance with the provisions of this chapter, except in the case where an Indian child is being returned to the parent or Indian custodian from whose custody the child was originally removed.

Reference

Citations & Metadata

Citation

25 U.S.C. § 1916

Title 25 — Indians

Last Updated

Apr 6, 2026

Release point: 119-73