---
kind: "section"
citation: "25 U.S.C. § 1913"
title: "25"
title_heading: "Indians"
number: "1913"
heading: "Parental rights; voluntary termination"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/25/1913"
units:
  - "Chapter 21 — Indian Child Welfare"
  - "Subchapter I — Child Custody Proceedings"
---

# §1913. Parental rights; voluntary termination

- (a) **Consent; record; certification matters; invalid consents—** Where any [parent](/usc/25/1903.md?p=9) or [Indian custodian](/usc/25/1903.md?p=6) 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](/usc/25/1903.md?p=9) or [Indian custodian](/usc/25/1903.md?p=6). The court shall also certify that either the [parent](/usc/25/1903.md?p=9) or [Indian custodian](/usc/25/1903.md?p=6) fully understood the explanation in English or that it was interpreted into a language that the [parent](/usc/25/1903.md?p=9) or [Indian custodian](/usc/25/1903.md?p=6) understood. Any consent given prior to, or within ten days after, birth of the [Indian child](/usc/25/1903.md?p=4) shall not be valid.
- (b) **Foster care placement; withdrawal of consent—** Any [parent](/usc/25/1903.md?p=9) or [Indian custodian](/usc/25/1903.md?p=6) 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](/usc/25/1903.md?p=9) or [Indian custodian](/usc/25/1903.md?p=6).
- (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adoptive placement of, an [Indian child](/usc/25/1903.md?p=4), the consent of the [parent](/usc/25/1903.md?p=9) may be withdrawn for any reason at any time prior to the entry of a final decree of termination or adoption, as the case may be, and the child shall be returned to the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](/usc/25/1903.md?p=9).
- (d) **Collateral attack; vacation of decree and return of custody; limitations—** After the entry of a final decree of adoption of an [Indian child](/usc/25/1903.md?p=4) in any State court, the [parent](/usc/25/1903.md?p=9) 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](/usc/25/1903.md?p=9). 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.

## Source credit

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