Family Code

Division 13. Adoption

Part 2. Adoption of Unmarried Minors

Chapter 1. General Provisions

§ 8619.5. Children of Indian ancestry; vacated or set aside final decrees or voluntary return by adoptive parents; return of custody

Whenever a final decree of adoption of an Indian child has been vacated or set aside or the adoptive parent voluntary consents to termination of his or her parental rights to the child, a biological parent or prior Indian custodian may petition for return of custody and the court shall grant that petition unless there is a showing, in a proceeding subject to the provisions of Section 1912 of the Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.), that the return of custody is not in the best interest of the child.

CREDIT(S)

(Added by Stats.2006, c. 838 (S.B.678), § 10.)