Title 25, IndiansRelease 119-110
§1916 Return of Custody
Title 25 › CHAPTER 21 — INDIAN CHILD WELFARE › SUBCHAPTER I — CHILD CUSTODY PROCEEDINGS › § 1916
Summary
When an Indian child's adoption is undone or adoptive parents end their rights, a parent or prior Indian custodian can seek the child's return. The court must order return unless a hearing finds it would harm the child's best interest. New foster or adoptive placements must follow the chapter's rules, except when returning the child to the original parent or custodian.
Full Legal Text
Title 25, §1916
Indians, Source: USLM XML via OLRC
(a)Petition; best interests of child
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)Removal from foster care home; placement procedure
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
Sep 22, 2026
Release point: 119-110