25 U.S.C. § 1913 : US Code - Section 1913: Parental rights; voluntary termination

Search 25 U.S.C. § 1913 : US Code - Section 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parent may be withdrawn for any reason at any time prior to the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.