Library: Policy

340:75-19-24. Voluntary consent to adoption by the Indian parent or custodian

Revised 7-1-13

(a) Withdrawal of the Indian parent or custodian's voluntary consent to adoption.  Per Section 1913 of Title 25 of the United States Code (25 U.S.C.§ 1913), the parent or Indian custodian of the Indian child may withdraw consent to termination of parental rights or adoption at any time before an entry of final decree of voluntary termination or adoption.   • 1

(b) Time requirement for invalidation of adoption.  An adoption in effect for at least two years may not be invalidated under the provisions of 25 U.S.C. § 1913, unless otherwise permitted under state law.

INSTRUCTIONS TO STAFF 340:75-19-24

Revised 8-15-17

1.Withdrawal of the Indian parent or guardian's voluntary consent to adoption.Until a final order of termination of parental rights has been entered, the parent or Indian custodian of an Indian child who has executed a voluntary consent to the adoption of the child has additional grounds under the Indian Child Welfare Act (ICWA) to seek to withdraw his or her consent.Under ICWA, consent may be withdrawn at any time prior to an entry of an order terminating parental rights or adoption, whichever occurs later.