C.F.R. » Title 25 » CHAPTER I—BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR › SUBCHAPTER D—HUMAN SERVICES › PART 23—INDIAN CHILD WELFARE ACT › Subpart I—Indian Child Welfare Act Proceedings

25 C.F.R. § 23.136

What are the requirements for vacating an adoption based on consent having been obtained through fraud or duress?

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(a) Within two years after a final decree of adoption of any Indian child by a State court, or within any longer period of time permitted by the law of the State, the State court may invalidate the voluntary adoption upon finding that the parent's consent was obtained by fraud or duress.

(b) Upon the parent's filing of a petition to vacate the final decree of adoption of the parent's Indian child, the court must give notice to all parties to the adoption proceedings and the Indian child's Tribe and must hold a hearing on the petition.

(c) Where the court finds that the parent's consent was obtained through fraud or duress, the court must vacate the final decree of adoption, order the consent revoked, and order that the child be returned to the parent.

Notes of Decisions
Cited in 1 case, 2018–2018 · leading case: Brackeen v. Zinke, 338 F. Supp. 3d 514 (N.D. Tex. 2018).
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Brackeen v. Zinke, 338 F. Supp. 3d 514 (N.D. Tex. 2018). “§ 1913 (d) ; 25 C.F.R. § 23.136 . This directly conflicts with Texas, Louisiana, and Indiana state law, which provide that an adoption decree is subject to direct or collateral attack for no more than one year.”
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