
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 25USC1913]

 
                            TITLE 25--INDIANS
 
                    CHAPTER 21--INDIAN CHILD WELFARE
 
                 SUBCHAPTER I--CHILD CUSTODY PROCEEDINGS
 
Sec. 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be withdrawn for any reason at any time prior to the entry of a final 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.

(Pub. L. 95-608, title I, Sec. 103, Nov. 8, 1978, 92 Stat. 3072.)

                  Section Referred to in Other Sections

    This section is referred to in section 1914 of this title.
