25 U.S.C. § 1913

Parental rights; voluntary termination

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(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for termination of parental rights to, or adoptive placement of, an Indian child, the consent of the parent may be withdrawn for any reason at any time prior to the entry of a final decree of termination or adoption, as the case may be, and the child shall be returned to the parent.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, § 103, Nov. 8, 1978, 92 Stat. 3072.)
Notes of Decisions
Cited in 98 cases (8 in the last 5 years), 1980–2025 · leading case: Mississippi Band of Choctaw Indians v. Holyfield, 490 U.S. 30 (1989).
Mississippi Band of Choctaw Indians v. Holyfield, 490 U.S. 30 (1989). · cites it 8× “[7] Section 103(a) of the ICWA, 25 U. S. C. § 1913 (a), requires that any voluntary consent to termination of parental rights be executed in writing and recorded before a judge of a "court of competent jurisdiction," who must certify that the terms and consequences of the…”
Quinn v. Walters, 881 P.2d 795 (Or. 1994). · cites it 33× “In that motion, she asserted that Child “is an Indian Child as defined by [ 25 USC § 1903 (4)], and Maki Walters’ consent to adoption is not valid under [ 25 USC § 1913 ]. Maki Walters may withdraw her consent at any time prior to a final decree of adoption being entered.”
Adoption B.B. v. R.K.B., 2017 UT 59 (Utah 2017). · cites it 4× “" 25 U.S.C. § 1913 (a). Because the Child is an Indian child and therefore ICWA applies to these proceedings, the question is whether Birth Mother's consent was timely given under this section.”
In Re Welfare of MG, 201 P.3d 354 (Wash. Ct. App. 2009). · cites it 9× “25 U.S.C. § 1913 (a). Further, in a voluntary proceeding, if an Indian parent desires to withdraw his/her consent to placement, the child must be returned to his/her care.”
In re the Welfare of M.G., 148 Wash. App. 781 (Wash. Ct. App. 2009). · cites it 9× “25 U.S.C. § 1913 (a). Further, in a voluntary proceeding, if an Indian parent desires to withdraw his/her consent to placement, the child must be returned to his/her care.”
James R. v. Cindy R., 96 Cal. Daily Op. Serv. 394 (Cal. Ct. App. 1996). · cites it 5× “) Here, the twins’ biological parents, Richard A. (Richard) and Cindy R.”
Matter of Adoption of Halloway, 732 P.2d 962 (Utah 1986). · cites it 4× “" 25 U.S.C. § 1913 (a) (1982). Had Cecelia's consent to adoption been sought at the time Jeremiah was still on the reservation, the only court of competent jurisdiction would have been a Navajo Nation court.”
In Re the Adoption of T.N.F., 781 P.2d 973 (Alaska 1989). · cites it 5× “25 U.S.C. § 1913 (a) (Supp. 1987) (emphasis added).”
Brackeen v. Zinke, 338 F. Supp. 3d 514 (N.D. Tex. 2018). · cites it 4× “*522 25 U.S.C. § 1913 (a). Before parental rights are terminated "any parent or Indian custodian may withdraw consent to a foster care placement under State law at any time.”
Brackeen v. Haaland, 994 F.3d 249 (5th Cir. 2021). · cites it 2× “The en banc court is equally divided as to whether Plaintiffs have standing to challenge two provisions of ICWA, 25 U.S.C. §§ 1913 and 1914, on equal protection grounds, and the district court’s conclusion that Plaintiffs can assert this claim is therefore affirmed without a…”
In the Matter of Adoption of Crews, 803 P.2d 24 (Wash. Ct. App. 1991). · cites it 8× “This is evidenced by 25 U.S.C. § 1913 (d), which permits revocation of consent after *211 the entry of the final decree of adoption for fraud or duress only within 2 years of the entry of the decree.”
Quinn v. Walters, 845 P.2d 206 (Or. Ct. App. 1993). · cites it 6× “See 25 U.S.C. § 1913 (c). According to mother's evidence, she became a member of the Cherokee Nation of Oklahoma a week before the hearing on her motion to dismiss the adoption proceeding, and child was then eligible for membership in the tribe.”
— 25 U.S.C. § 1913(a) — 2 cases
In Re Welfare of MG, 201 P.3d 354 (Wash. Ct. App. 2009). “25 U.S.C. § 1913 (a). Further, in a voluntary proceeding, if an Indian parent desires to withdraw his/her consent to placement, the child must be returned to his/her care.”
In re the Welfare of M.G., 148 Wash. App. 781 (Wash. Ct. App. 2009). “25 U.S.C. § 1913 (a). Further, in a voluntary proceeding, if an Indian parent desires to withdraw his/her consent to placement, the child must be returned to his/her care.”
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