INSTRUCTIONS TO STAFF 340:75-19-24

1.  Until a final order of termination has been entered, the parent of an Indian child who has executed a voluntary consent to the adoption of his or her child has additional grounds under the Indian Child Welfare Act (ICWA) to seek to withdraw his or her consent.  Under ICWA, consent may be withdrawn at any time prior to an entry of an order terminating parental rights.  Unlike state law provisions, withdrawal of consent under ICWA does not require a showing of fraud or duress.