Learn About The Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Current as of January 01, 2025 | Updated by Findlaw Staff
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.
Cite this article: FindLaw.com - Nevada Revised Statutes Title 11. Domestic Relations § 127.1861. Petition to vacate order or decree of adoption of Indian child - last updated January 01, 2025 | https://codes.findlaw.com/nv/title-11-domestic-relations/nv-rev-st-127-1861/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)