Title 25 — IndiansRelease 119-73not60

§1913 Parental Rights; Voluntary Termination

Title 25 › Chapter 21— INDIAN CHILD WELFARE › Subchapter I— CHILD CUSTODY PROCEEDINGS › § 1913

Last updated Apr 5, 2026|Official source

Summary

Consent to place an Indian child in foster care or to end a parent's rights must be written, signed in court, and signed in front of a judge who says the parent was fully told what would happen and that they understood. The judge must also say the explanation was in English or was interpreted into a language the parent understood. Any consent given before, or within ten days after, the child’s birth is not valid. A parent or Indian custodian can take back consent to a foster care placement under State law at any time and the child must be returned. Consent to end parental rights or to place a child for adoption can be withdrawn for any reason until a final court order, and the child must be returned. After a final adoption, a parent may ask the court to cancel it if the consent was gained by fraud or force; the court must cancel and return the child if it finds fraud or force. An adoption that has been in effect at least two years cannot be undone under this rule unless State law allows it.

Full Legal Text

Title 25, §1913

Indians — Source: USLM XML via OLRC

(a)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)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)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for termination of parental rights to, or adoptive placement of, an Indian child, the consent of the parent may be withdrawn for any reason at any time prior to the entry of a final decree of termination or adoption, as the case may be, and the child shall be returned to the parent.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)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

Apr 5, 2026

Release point: 119-73not60