Title 25, IndiansRelease 119-110

§1913 Parental Rights; Voluntary Termination

Title 25 › CHAPTER 21 — INDIAN CHILD WELFARE › SUBCHAPTER I — CHILD CUSTODY PROCEEDINGS › § 1913

Last updated Sep 22, 2026|Official source

Summary

A parent or Indian custodian must give written consent for a foster care placement or to end parental rights in court, and a judge must record it. The judge also must sign a statement saying the parent or custodian was told what the consent means and that they understood it, either in English or through an interpreter. Any consent given before birth or within 10 days after the Indian child’s birth is not valid. A parent or Indian custodian can take back consent to a foster care placement at any time under State law, and the child must be returned. For voluntary endings of parental rights or adoptive placements, the parent can withdraw consent any time before the court issues a final decree and the child must be returned. After a final adoption, a parent can ask the court to undo it if the consent was gained by fraud or duress; if the court agrees, it must set aside the adoption and return the child. An adoption that has been in effect for at least two years cannot be undone under these rules unless State law allows it.

Full Legal Text

Title 25, §1913

Indians, Source: USLM XML via OLRC

(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.

Reference

Citations & Metadata

Citation

25 U.S.C. § 1913

Title 25, Indians

Last Updated

Sep 22, 2026

Release point: 119-110