Rule 1. Title—Scope—Construction—Situations Not Covered by the Rules

(a) Title. These rules will be known and cited as the

Adoption Rules.

(b) Scope. These rules govern practice and procedure in

the trial courts in all phases of adoption proceedings brought

under AS 25.23.010 through 25.23.240.

(c) Construction. These rules will be construed and

applied to promote fairness, accurate fact-finding, the

expeditious determination of adoption proceedings, and the

best interests of the child.

(d) Legal Effect of Rules. These rules are promulgated

pursuant

to

Alaska

constitutional

authority

granting

rulemaking power to the Alaska Supreme Court. To the extent

that the rules are inconsistent with a procedural provision of

any Alaska statute not validly enacted for the specific purpose

of changing a rule, these rules supersede the statute.

(e) Civil and Evidence Rules Applicable. The Alaska

Civil and Evidence Rules apply to adoption proceedings except

to the extent that any provisions of the Civil or Evidence Rules

conflict with the Adoption Rules. The provisions of Civil Rule

100 apply to adoption proceedings.

(f) Application of the Indian Child Welfare Act and

Regulations. In all cases involving an Indian child, the

statutory provisions of 25 U.S.C. 1901 et seq., and the ICWA

regulations at 25 CFR Part 23, published at 81 Fed. Reg. 38778

(June 14, 2016) and effective December 12, 2016, shall apply.

(g) Situations Not Covered by the Rules. Where no

specific procedure is prescribed by these rules, the court may

proceed in any lawful manner, including application of

relevant statutes, the Alaska and United States Constitutions or

common law. Such a procedure may not be inconsistent with

these rules and may not unduly delay or otherwise interfere

with the unique character and purpose of adoption

proceedings.

Note: Chapter 24, SLA 2018 (SB 134) concerned actions for

termination of parental rights

may

proceed in any lawful manner, including application of

relevant statutes, the Alaska and United States Constitutions or

common law. Such a procedure may not be inconsistent with

these rules and may not unduly delay or otherwise interfere

with the unique character and purpose of adoption

proceedings.

Note: Chapter 24, SLA 2018 (SB 134) concerned actions for

termination of parental rights. According to section 19(b) of

the Act, AS AS 25.23.180(c), as amended by section 12 of the

Act, and AS 25.23.180(o), enacted by section 17 of the Act,

have the effect of amending Adoption Rules 1 and 6 by

clarifying that a petition for involuntary termination of parental

rights may be filed in a proceeding that is independent from an

adoption or a proceeding under AS 47.10 and by restructuring

AS 25.23.180(c), which eliminates AS 25.23.180(c)(3).