Before starting to search for a child to adopt or an agency to assist you, it is important that you understand how the adoption
laws in Alaska may affect your decisions. Making informed decisions is the best way of increasing your chances of adopting a child. By way of example, we have listed below a few of the important
parts of Alaska child adoption law including such topics as advertising, adoption expenses, and the critical issue of ending the biological parental rights (called a Consent, Relinquishment or Surrender).
State Regulation of Adoption Expenses
Birth Parent Expenses Allowed
Citation: § 25.23.090
Expenses incurred in connection with the birth of the child
Medical or hospital care received by the mother or minor during the mother's prenatal care and confinement
Services related to the adoption that were received by the petitioner or either natural parent or any other person
Accounting of Expenses Required by Court
Citation: § 25.23.090
The petitioner must file a full accounting report, in a manner acceptable to the court, of all disbursements of anything of value to be made in connection with the adoption.
The report is to be verified and signed by the petitioner.
Who Must Consent to an Adoption
Citation: Alaska Stat. § 25.23.040
A petition to adopt a minor may be granted only if written consent to a particular adoption has been executed by:
The mother of the minor
The father of the minor, if the father was married to the mother at the time the minor was conceived or at any time after conception, the minor is the father's child by adoption, or the father has otherwise
legitimated the minor
Any person lawfully entitled to custody of the minor or empowered to consent
The court having jurisdiction to determine custody of the minor, if the legal guardian or custodian of the person of the minor is not empowered to consent to the adoption
The spouse of the minor to be adopted
Age When Consent of Adoptee is Considered or Required
Citation: Alaska Stat. § 25.23.040
A child age 10 or older must consent to the adoption, unless, in the child's best interest, the court dispenses with consent.
When Parental Consent is not Needed
Citation: Alaska Stat. § 25.23.050
Consent to adoption is not required of:
A parent who has abandoned a child for a period of at least 6 months
A parent of a child in the custody of another, if the parent for a period of at least 1 year has failed significantly without justifiable cause, including but not limited to indigency:
To communicate meaningfully with the child
To provide for the care and support of the child as required by law or judicial decree
The father, if the father's consent is not required by § 25.23.040(a)(2)
A parent who has relinquished the right to consent
A parent whose parental rights have been terminated by order of the court
A parent judicially declared incompetent or mentally defective if the court dispenses with the parent's consent
A parent of the adopted person if the person is age 19 or older
A guardian or custodian who has failed to respond in writing to a request for consent for a period of 60 days or who, after examination of the guardian's or custodian's written reasons for withholding
consent, is found by the court to be withholding consent unreasonably
The spouse of the person to be adopted, if the requirement of consent to the adoption is waived by the court by reason of prolonged unexplained absence, unavailability, incapacity, or circumstances constituting
an unreasonable withholding of consent
When Consent Can Be Executed
Citation: Alaska Stat. § 25.23.060
The required consent to adoption shall be executed at any time after the birth of the child.
Revocation of Consent
Citation: Alaska Stat. § 25.23.070
A consent to adoption may not be withdrawn after the entry of a decree of adoption.
A consent to adoption may be withdrawn before the entry of a decree of adoption, within 10 days after the consent is given, by delivering written notice to the person obtaining the consent. Consent
may be withdrawn after the 10-day period, if the court finds, after notice and opportunity to be heard is afforded to the petitioner, the person seeking the withdrawal, and the agency placing the child
for adoption, that the withdrawal is in the best interest of the person to be adopted, and the court orders the withdrawal.
Rights of Presumed (Putative) Fathers
Registry/Paternity Requirements to Receive Notice
Citation: § 25.23.100
A putative father is entitled to receive notice of adoption proceedings.
A reasonable investigation is made to assure that all persons entitled to notice are located and given notice of the adoption proceedings.
Please visit adoption law in Alaska for more details. |