(a)Where any parent or Indian custodian voluntarily
consents to a shelter care placement or the termination of
parental rights involving an Indian child, the consent shall not
be valid unless executed in writing and recorded before a court
of competent jurisdiction and accompanied by the court's
certification 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 under this subsection given prior to or within ten (10)
days after the birth of the Indian child shall not be valid.
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(a) Where any parent or Indian custodian voluntarily
consents to a shelter care placement or the termination of
parental rights involving an Indian child, the consent shall not
be valid unless executed in writing and recorded before a court
of competent jurisdiction and accompanied by the court's
certification 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 under this subsection given prior to or within ten (10)
days after the birth of the Indian child shall not be valid.
(b) Any parent or Indian custodian may withdraw consent to
a shelter care placement at any time. Upon withdrawal of consent
under this subsection, the Indian child shall be returned to the
parent or Indian custodian.
(c) In any voluntary proceeding for the relinquishment and
consent to adoption of an Indian child, the consent of the
parent may be withdrawn for any reason at any time before the
entry of a final decree of termination or adoption and, upon the
withdrawal of consent, the child shall be returned to the
parent.
(d) After the entry of a final decree of adoption of an
Indian child in any state court, the parent shall only withdraw
consent upon the grounds that the consent was obtained through
fraud or duress and may petition the court to vacate the
adoption decree on those grounds. Upon finding that the consent
was obtained through fraud or duress, the court shall vacate the
adoption decree and return the child to the parent. No adoption
that has been effective for at least two (2) years shall be
invalidated under this subsection unless otherwise permitted by
state law.