Petition to vacate order or decree of adoption of Indian child.

NRS

127.1861

Petition to vacate order or decree of adoption of Indian child.

1. A petition to vacate an order or decree of adoption of an Indian child under this chapter may be filed in a court of competent jurisdiction by a parent who consented to the adoption.

2. Upon the filing of a petition under this section, the court shall set a time for a hearing on the petition and provide notice of the petition and hearing to each party to the adoption proceeding and to the Indian child’s tribe.

3. After a hearing on the petition, the court shall vacate the order or decree of adoption if:

(a) The petition is filed not later than 2 years following the date of the order or decree; and

(b) The court finds by clear and convincing evidence that the parent’s consent was obtained through fraud or duress.

4. When the court vacates an order or decree of adoption under this section, the court shall also order that the parental rights of the parent whose consent the court found was obtained through fraud or duress be restored. The order restoring parental rights under this section must include a plan for the physical custody of the Indian child, whether the Indian child will be placed with an agency which provides child welfare services or with the parent.

(Added to NRS by 2023, 2248 )