HOW DOES THE I.C.W.A PROTECT THE RIGHTS OF INDIAN PARENTS AND CHILDREN IN ADOPTION PROCEEDINGS?
In any voluntary proceeding for termination of parental rights or adoptive placement of an Indian child, the parents may withdraw with consent and have the child returned to them at any time before court has ordered their rights to be ended, or before the adoption decree is finalized. After the child has been adopted the parent(s) can still withdraw consent if the adoption has been in effect for less than two years and the parent(s) can prove that their consent was originally obtained through fraud, the use of force or threats. In any involuntary proceeding for termination of parental rights the court must prove beyond a reasonable doubt that the child will be physically or emotionally damaged by staying with the parents, before parental rights can be ended. When an adopted Indian child reaches eighteen years of age, the court which entered the final adoption decree must inform the child of his tribal affiliation, the identity of his biological parents, and any other information that i
In any voluntary proceeding for termination of parental rights or adoptive placement of an Indian child, the parents may withdraw with consent and have the child returned to them at any time before court has ordered their rights to be ended, or before the adoption decree is finalized. After the child has been adopted the parent(s) can still withdraw consent if the adoption has been in effect for less than two years and the parent(s) can prove that their consent was originally obtained through fraud, the use of force or threats. In any involuntary proceeding for termination of parental rights the court must prove beyond a reasonable doubt that the child will be physically or emotionally damaged by staying with the parents, before parental rights can be ended. When an adopted Indian child reaches eighteen years of age, the court which entered the final adoption decree must inform the child of his tribal affiliation, the identity of his biological parents, and any other information that i
