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A. Adoption of a child may be decreed only if consent to such adoption has been executed and filed in the Trial Court by:

1. Both parents, if living, or the surviving parent, unless their parental rights have been terminated by judicial decree;

2. A parent less than sixteen (16) years of age may give his or her consent only with written consent of one of his or her parents, guardian, or a Guardian Ad Litem of the minor parent appointed by the Court;

3. If both parents be deceased or if their parental rights have been terminated by judicial decree then the traditional custodian having physical custody of said child for the preceding six-month period, or a person or the head of an agency having custody of the child by judicial decree with the specific authority granted by the Court to consent to the adoption of the child.

B. Where any parent or Indian custodian voluntarily consents to an adoption or termination of parental rights such consent shall not be valid unless executed before the Judge of a court of competent jurisdiction and accompanied by the Judge’s certificate that the terms and consequences of the consent were fully explained in detail and were fully understood by the parent or Indian custodian. The Court shall certify that the parent or Indian custodian either fully understood the explanation in English or that it was interpreted into a language that the parent or Indian custodian understood.

C. Any consent given prior to or within ten (10) days after the birth of a child shall not be valid.

D. A consent to adoption may not be withdrawn except by permission of the Court given before the entry of the final decree of adoption. If consent is allowed to be withdrawn at any time prior to the entry of a final decree of adoption or terminating as the case may be, the child shall be returned to the parent.