Written consent to adoption required from Indian child’s parents: Prerequisites; certification by court; withdrawal of consent.

NRS

127.041

Written consent to adoption required from Indian child’s parents: Prerequisites; certification by court; withdrawal of consent.

1. If a petition for adoption of a child concerns the adoption of an Indian child, unless the parental rights of the Indian child’s parents have been terminated, consent in writing to the adoption must be given by the Indian child’s parents. Such written consent must be filed with the court.

2. An Indian child’s parent may consent to the adoption of the Indian child at any time not less than 10 days following the date of the Indian child’s birth by executing the consent in person before the court on the record.

3. Before the execution of a parent’s consent under subsection 2, the court must explain to the parent on the record in detail and in the language of the parent:

(a) The right to legal counsel;

(b) The terms and consequences of the consent in detail; and

(c) That at any time before the entry of the order or decree of adoption, the parent may withdraw consent for any reason and petition the court to have the child returned.

4. After the execution of a parent’s consent under subsection 2, the court shall certify that the court made the explanation under subsection 3 and that the parent fully understood the explanation.

5. At any time before the entry of an order or decree of adoption, an Indian child’s parent may withdraw the parent’s consent under this section. The withdrawal of consent must be made by filing the written withdrawal with the court or by making a statement of withdrawal on the record in the adoption proceeding. Upon entry of the withdrawal of consent, the court must promptly notify the person or entity that arranged the adoptive placement to regain custody and control of the Indian child. A parent who withdraws his or her consent may petition the court for the return of the child.

6. As used in this section, “parent” has the meaning ascribed to it in NRS 125E.130 .

(Added to NRS by 2023, 2247 )