Rule 17. Challenges to Validity of Adoption Decree
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(a) Procedure. A person may move to set aside the
decree by filing a motion stating the grounds for challenging
the validity of the decree, with service on other parties, subject
to the time limitations of AS 25.23.140(b) and (c), and 25
U.S.C. Section 1913(d). The court shall schedule a hearing
after reasonable notice to the parties. At the hearing, the
burden is on the party challenging the decree to show by a
preponderance of the evidence that the decree is not valid.
(b) Petition under 25 U.S.C. Section 1914. A petition
alleging a violation of any provision of 25 U.S.C. Section
1911, 1912 or 1913 is governed by the procedures set out in
CINA Rule 20.
(SCO 972 effective January 15, 1990)
APPENDIX
ALASKA ADOPTION STATUTES
Chapter 23. Adoption.
§ 25.23.005.
Construction of chapter; rights of
persons affected by adoption.
This chapter shall be liberally construed to the end that the
best interests of adopted children are promoted. Due regard
shall be given to the rights of all persons affected by a child’s
adoption.
(§ 1 ch 29 SLA 1990)
§ 25.23.010.
Who may be adopted.
Any person may be adopted.
(§ 1 ch 84 SLA 1974)
§ 25.23.020.
Who may adopt.
(a) The following persons may adopt:
(1) a husband and wife together;
(2) an unmarried adult;
(3) the unmarried father or mother of the person to be
adopted;
(4) a married person without the other spouse joining as
a petitioner, if the person to be adopted is not the other spouse,
and if
(A) the other spouse is a parent of the person to be
adopted and consents to the adoption; or
(B) the petitioner and the other spouse are legally
separated; or
(C) the failure of the other spouse to join in the petition
or to agree to the adoption is excused by the court by reason of
prolonged unexplained absence, unavailability, incapacity, or
circumstances constituting an unreasonable withholding of
consent.
(b) Nothing in this section affects legitimation under AS
25.20.050.
(§ 1 ch 84 SLA 1974)
§ 25.23.030.
Venue.
re legally
separated; or
(C) the failure of the other spouse to join in the petition
or to agree to the adoption is excused by the court by reason of
prolonged unexplained absence, unavailability, incapacity, or
circumstances constituting an unreasonable withholding of
consent.
(b) Nothing in this section affects legitimation under AS
25.20.050.
(§ 1 ch 84 SLA 1974)
§ 25.23.030.
Venue.
(a) Proceedings for adoption shall be brought in the
superior court for the district in which, at the time of filing or
granting the petition, the petitioner or the person to be adopted
resides or is in military service, or in which the agency having
the care, custody, or control of the minor is located.
(b) If the court finds in the interest of substantial justice,
under AS 22.10.040, that the adoption proceeding should be
heard in another judicial district, the court may transfer, stay or
dismiss the proceeding in whole or in part on conditions that
are just.
(c) Proceedings for the termination of parental rights on
the grounds set out in AS 25.23.180(c)(3) shall be brought in
the superior court for the district in which the child that is the
subject of the action resides.
(d) The venue for an adoption proceeding for a child in
state custody under AS 47.10 is the
(1) superior
court
where
the
child-in-need-of-aid
proceeding is pending as provided under AS 47.10.111; or
(2) judicial district in which the petitioner resides if the
petitioner provides notice to all of the parties to the child-in-
need-of-aid proceeding and no party objects.
(§ 1 ch 84 SLA 1974; am § 1, 2 ch 50 SLA 1987; am § 4 ch 6
4SSLA 2016)
§ 25.23.040.
Persons required to consent to
adoption.
urt
where
the
child-in-need-of-aid
proceeding is pending as provided under AS 47.10.111; or
(2) judicial district in which the petitioner resides if the
petitioner provides notice to all of the parties to the child-in-
need-of-aid proceeding and no party objects.
(§ 1 ch 84 SLA 1974; am § 1, 2 ch 50 SLA 1987; am § 4 ch 6
4SSLA 2016)
§ 25.23.040.
Persons required to consent to
adoption.
(a) Unless consent is not required under AS 25.23.050, a
petition to adopt a minor may be granted only if written
consent to a particular adoption has been executed by
(1) the mother of the minor;
(2) 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 under the laws
of the state;
(3) any person lawfully entitled to custody of the minor
or empowered to consent;
(4) 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;
(5) the minor, if 10 years of age or older, unless the court
in the best interest of the minor dispenses with the minor’s
consent; and
(6) the spouse of the minor to be adopted.
(b) A petition to adopt an adult may be granted only if
written consent to adoption has been executed by the adult and
the adult’s spouse or by the guardian or conservator of an
incapacitated adult.
(§ 1 ch 84 SLA 1974; am § 40 ch 50 SLA 1989)
§ 25.23.050.
Persons as to whom consent and
notice not required.
spenses with the minor’s
consent; and
(6) the spouse of the minor to be adopted.
(b) A petition to adopt an adult may be granted only if
written consent to adoption has been executed by the adult and
the adult’s spouse or by the guardian or conservator of an
incapacitated adult.
(§ 1 ch 84 SLA 1974; am § 40 ch 50 SLA 1989)
§ 25.23.050.
Persons as to whom consent and
notice not required.
(a) Consent to adoption is not required of
(1) for purposes of this section, a parent who has
abandoned a child for a period of at least six months;
(2) a parent of a child in the custody of another, if the
parent for a period of at least one year has failed significantly
without justifiable cause, including but not limited to
indigency,
(A) to communicate meaningfully with the child, or
(B) to provide for the care and support of the child as
required by law or judicial decree;
(3) the father of a minor if the father’s consent is not
required by AS 25.23.040(a)(2);
(4) a parent who has relinquished the right to consent
under AS 25.23.180;
(5) a parent whose parental rights have been terminated
by order of the court under AS 25.23.180(c)(3) or AS
47.10.080(c)(3);
(6) a parent judicially declared incompetent or mentally
defective if the court dispenses with the parent’s consent;
(7) a parent of the person to be adopted, if the person is
18 or more years of age;
(8) a
guardian
or
custodian
specified
in
AS
25.23.040(a)(3) or (4) 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; or
(9) 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.
f the guardian’s or custodian’s written reasons
for withholding consent, is found by the court to be
withholding consent unreasonably; or
(9) 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.
(b) Except as provided in AS 25.23.100, notice of a
hearing on a petition for adoption need not be given to a person
whose consent is not required or to a person whose consent or
relinquishment has been filed with the petition.
(§ 1 ch 84 SLA 1974; am § 4 ch 63 SLA 1977; am § 3 ch 50
SLA 1987; am § 1 ch 38 SLA 2008)
§ 25.23.060.
Execution of consent; consent as
power of attorney.
(a) The required consent to adoption shall be executed, at
any time after the birth of the child, in the presence of the court
or in the presence of a person authorized to take
acknowledgments. The consent is not valid unless the consent
form states that the person consenting to the adoption has the
right to withdraw that consent as provided in AS 25.23.070(b),
and unless the person consenting to the adoption acknowledges
receipt of a copy of the consent form. The person giving
consent shall state in the consent form whether the child is a
member of an Indian tribe or the biological child of a member
of an Indian tribe, so that the court may determine whether the
provisions of 25 U.S.C. 1901–1963 (Indian Child Welfare Act
of 1978) apply.
(b) A consent which does not name or otherwise identify
the adopting parent is valid if the consent is executed in the
presence of the court or a person authorized to take
acknowledgments and contains a statement by the person
whose consent it is that the person consenting voluntarily
executed the consent irrespective of disclosure of the name or
other identification of the adopting parent.
(b) A consent which does not name or otherwise identify
the adopting parent is valid if the consent is executed in the
presence of the court or a person authorized to take
acknowledgments and contains a statement by the person
whose consent it is that the person consenting voluntarily
executed the consent irrespective of disclosure of the name or
other identification of the adopting parent.
(c) A consent executed under this section is effective as a
power of attorney under AS 13.26.020. Unless the consent
form provides otherwise, and regardless of whether the form
names or identifies the adoptive parent, the consent delegates
to the adoptive parent all powers that may be delegated under
AS 13.26.020. The power of attorney takes effect when the
child is delivered to the adoptive parent, and remains in effect
as long as the consent is in effect; but the power of attorney is
not effective beyond one year, unless the court extends it for
good cause. The power of attorney does not terminate on the
death or disability of the person executing the consent, unless
the consent form so states. This subsection may not be
construed to alter the requirements of AS 47.70 (the Interstate
Compact on the Placement of Children).
(§ 1 ch 84 SLA 1974; am § 5, 6 ch 140 SLA 1986)
§ 25.23.070.
Withdrawal of consent.
(a) A consent to adoption may not be withdrawn after the
entry of a decree of adoption.
(b) 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, or after the 10-day period, if the court finds, after
notice and opportunity to be heard is afforded to petitioner, the
person seeking the withdrawal, and the agency placing a child
for adoption, that the withdrawal is in the best interest of the
person to be adopted and the court orders the withdrawal.
(§ 1 ch 84 SLA 1974; am § 7 ch 140 SLA 1986)
§ 25.23.080.
Petition for adoption.
nsent, or after the 10-day period, if the court finds, after
notice and opportunity to be heard is afforded to petitioner, the
person seeking the withdrawal, and the agency placing a child
for adoption, that the withdrawal is in the best interest of the
person to be adopted and the court orders the withdrawal.
(§ 1 ch 84 SLA 1974; am § 7 ch 140 SLA 1986)
§ 25.23.080.
Petition for adoption.
(a) The caption of a petition for adoption shall be styled
substantially “In the Matter of the Adoption of…”. The person
to be adopted shall be designated in the caption under the name
by which the person is to be known if the petition is granted. If
the child is placed for adoption by an agency, any name by
which the child was previously known may not be disclosed in
the petition or in the decree of adoption. (b) A petition for
adoption shall be signed and verified by the petitioner, filed
with the clerk of the court, and state
(1) the date and place of birth of the person to be
adopted, if known;
(2) the name to be used for the person to be adopted;
(3) the date of placement of the minor and the name of
the person placing the minor;
(4) the full name, age, place and duration of residence of
the petitioner;
(5) the marital status of the petitioner, including the date
and place of marriage, if married;
(6) that the petitioner has facilities and resources,
including those available under a hard-to-place child subsidy
agreement, suitable to provide for the nurture and care of the
minor to be adopted, and that it is the desire of the petitioner to
establish the relationship of parent and child with the person to
be adopted;
(7) a description and estimate of value of any property of
the person to be adopted; and
(8) the name of any person whose consent to the
adoption is required, but who has not consented, and facts or
circumstances which excuse the lack of the consent normally
required to the adoption.
desire of the petitioner to
establish the relationship of parent and child with the person to
be adopted;
(7) a description and estimate of value of any property of
the person to be adopted; and
(8) the name of any person whose consent to the
adoption is required, but who has not consented, and facts or
circumstances which excuse the lack of the consent normally
required to the adoption.
(c) A certified copy of the birth certificate or verification
of the birth record of the person to be adopted, if available, the
information specified in AS 25.23.185(a), if available, and the
required consents, relinquishments, and termination orders
shall be filed with the clerk.
(d) A petitioner petitioning to adopt a child in state
custody under AS 47.10 shall file the petition for adoption in
either the court where the child-in-need-of-aid proceedings are
pending or the judicial district in which the petitioner resides,
as required under AS 25.23.030(d) and AS 47.10.111.
(§ 1 ch 84 SLA 1974; am § 1 ch 36 SLA 1977; am § 8 ch 140
SLA 1986; am § 5 ch 6 4SSLA 2016)
§ 25.23.090.
Report of petitioner’s expenditures.
(a) Except as specified in (b) of this section, the
petitioner in any proceeding for the adoption of a minor shall
file, before the petition is heard, a full accounting report in a
manner acceptable to the court of all disbursements of
anything of value made or agreed to be made by or on behalf
of the petitioner in connection with the adoption. The report
shall show any expenses incurred in connection with
(1) the birth of the minor;
(2) placement of the minor with petitioner;
(3) medical or hospital care received by the mother or by
the minor during the mother’s prenatal care and confinement;
and
(4) services relating to the adoption or to the placement
of the minor for adoption that were received by or on behalf of
the petitioner, either natural parent of the minor, or any other
person.
(1) the birth of the minor;
(2) placement of the minor with petitioner;
(3) medical or hospital care received by the mother or by
the minor during the mother’s prenatal care and confinement;
and
(4) services relating to the adoption or to the placement
of the minor for adoption that were received by or on behalf of
the petitioner, either natural parent of the minor, or any other
person.
(b) This section does not apply to an adoption by a
stepparent whose spouse is a natural or adoptive parent of the
child.
(c) Any report made under this section shall be signed
and verified by the petitioner.
(§ 1 ch 84 SLA 1974)
§ 25.23.100.
Notice of petition, investigation and
hearing.
(a) After the filing of a petition to adopt a minor, the
court shall fix a time and place for hearing the petition unless
the petition is held in abeyance under AS 47.10.111. At least
20 days before the date of hearing, the petitioner shall give
notice of the filing of the petition and of the time and place of
hearing to (1) the department, unless the adoption is by a
stepparent of the child; (2) any agency or person whose
consent to the adoption is required by this chapter, but who has
not consented; and (3) a person whose consent is dispensed
with upon any ground mentioned in AS 25.23.050(a) (1)–(3),
(6), (8) and (9), but who has not consented. The notice to the
department shall be accompanied by a copy of the petition.
ent, unless the adoption is by a
stepparent of the child; (2) any agency or person whose
consent to the adoption is required by this chapter, but who has
not consented; and (3) a person whose consent is dispensed
with upon any ground mentioned in AS 25.23.050(a) (1)–(3),
(6), (8) and (9), but who has not consented. The notice to the
department shall be accompanied by a copy of the petition.
(b) Notice to persons specified in AS 25.23.050 shall
include a statement of the grounds under which consent to the
adoption is not required. Notice given under this section shall
be adequate to give actual notice of the proceedings, taking
into account education and language differences which are
known or reasonably ascertainable by the petitioner or the
department. The notice of hearing shall contain all names by
which the minor has been identified and shall state in summary
form the effect of a decree of adoption. Notice shall be given
in the manner appropriate under rules of civil procedure for the
service of process in a civil action in this state or in any
manner the court by order directs. Notice by publication may
not be given unless, for compelling reasons, the court orders it
to be given under the procedure established in Rule 4 of the
Alaska Rules of Civil Procedure. Proof of the giving of the
notice shall be filed with the court before the petition is heard,
subject to the time limitations in (e) of this section.
(c) A reasonable investigation shall be made by the
department or the petitioner to assure that all persons listed in
(a) of this section are located and given notice of the proposed
adoption. The investigation shall be conducted so that the
rights of all parties are protected, including but not limited to
the right to privacy and the right to be notified. An affidavit
describing the investigation shall be filed with the court if all
persons listed in (a) of this section are not located.
persons listed in
(a) of this section are located and given notice of the proposed
adoption. The investigation shall be conducted so that the
rights of all parties are protected, including but not limited to
the right to privacy and the right to be notified. An affidavit
describing the investigation shall be filed with the court if all
persons listed in (a) of this section are not located.
(d) Except as provided in (g) and (i) of this section, an
investigation shall be made by the department or any other
qualified agency or person designated by the court to inquire
into the conditions and antecedents of a minor sought to be
adopted and of the petitioner for the purpose of ascertaining
whether the adoptive home is a suitable home for the minor
and whether the proposed adoption is in the best interest of the
minor.
(e) A written report of the investigation shall be filed
with the court by the investigator before the petition is heard so
long as the report is filed within 30 days of the designation by
the court of the department, agency or person to make the
investigation.
(f) The report of the investigation shall contain an
evaluation of the placement with a recommendation as to the
granting of the petition for adoption and any other information
the court requires regarding the petitioner or the minor.
(g) Unless directed by the court, an investigation and
report is not required in cases in which an agency is a party or
joins in the petition for adoption, a stepparent is the petitioner,
the person to be adopted is within the fourth degree of lineal or
collateral consanguinity to the petitioner, or the person to be
adopted is an adult. In other cases, the court may waive the
investigation only if it appears that waiver is in the best interest
of the minor and that the adoptive home and the minor are
suited to each other. The department which is required to
consent to the adoption may give consent without making the
investigation.
neal or
collateral consanguinity to the petitioner, or the person to be
adopted is an adult. In other cases, the court may waive the
investigation only if it appears that waiver is in the best interest
of the minor and that the adoptive home and the minor are
suited to each other. The department which is required to
consent to the adoption may give consent without making the
investigation.
(h) The department or the agency or persons designated
by the court to make the required investigation may request
other departments or agencies within or outside of this state to
make investigations of designated portions of the inquiry as
may be appropriate and to make a written report as a
supplemental report to the court and shall make similar
investigations and reports on behalf of other agencies or
persons designated by the courts of this state or another state.
(i) After the filing of a petition to adopt an adult the
court by order shall direct that a copy of the petition and a
notice of the time and place of the hearing be given to any
person whose consent to the adoption is required, but who has
not consented. The court may order an appropriate
investigation to assist it in determining whether the adoption is
in the best interest of the persons involved.
(j) [Repealed, § 22 ch 140 SLA 1986.]
(§ 1 ch 84 SLA 1974; am § 4 ch 167 SLA 1975; am § 1 ch 150
SLA 1976; am § 9, 10, 22 ch 140 SLA 1986; am § 2 ch 38
SLA 2008; am §6 ch 6 4SSLA 2016)
§ 25.23.110.
Required residence of minor.
A final decree of adoption may not be issued until the
minor to be adopted, other than a stepchild of the petitioner,
has lived in the adoptive home and the department or any other
qualified agency or person designated by the court has had an
opportunity to observe or investigate the adoptive home. This
observation or investigation is not required in proceedings
where an investigation is not required under AS 25.23.100(g)
and (i).
(§ 1 ch 84 SLA 1974)
§ 25.23.120.
Hearing.
a stepchild of the petitioner,
has lived in the adoptive home and the department or any other
qualified agency or person designated by the court has had an
opportunity to observe or investigate the adoptive home. This
observation or investigation is not required in proceedings
where an investigation is not required under AS 25.23.100(g)
and (i).
(§ 1 ch 84 SLA 1974)
§ 25.23.120.
Hearing.
(a) The presence of the petitioner and the person to be
adopted is not required at the hearing on the petition unless
ordered by the court.
(b) The court may continue the hearing from time to time
to permit further observation, investigation, or consideration of
any facts or circumstances affecting the granting of the
petition.
(c) If at the conclusion of the hearing the court
determines that the required consents have been obtained or
excused and that the adoption is the best interest of the person
to be adopted, it may issue a final decree of adoption.
(d) If the requirements for a decree under (c) of this
section have not been met, the court shall dismiss the petition
and determine, in the best interests of the minor, the person
including the petitioner to have custody of the minor.
(§ 1 ch 84 SLA 1974)
Revisor’s notes.—Formerly AS 20.15.120. Renumbered in
1982.
§ 25.23.125.
Preference of minor to be adopted;
guardian ad litem; protective orders.
(a) If the person to be adopted is a minor under the age
of 10 and the person is of sufficient age and intelligence to
state desires concerning the adoption, the court shall consider
the person’s desires.
(b) The court may appoint a guardian ad litem or
attorney, or both, under AS 25.24.310 for a minor who is to be
adopted.
nce of minor to be adopted;
guardian ad litem; protective orders.
(a) If the person to be adopted is a minor under the age
of 10 and the person is of sufficient age and intelligence to
state desires concerning the adoption, the court shall consider
the person’s desires.
(b) The court may appoint a guardian ad litem or
attorney, or both, under AS 25.24.310 for a minor who is to be
adopted.
(c) The court may issue a protective order or other order
that is in the best interest of a minor who is to be adopted.
(§ 11 ch 140 SLA 1986)
§ 25.23.127.
Adult family member preference to
adopt.
Taking into consideration a child’s stated preference
under AS 25.23.125(a) and consent given under AS
25.23.040(a)(5), and unless the court finds that a petition to
adopt the child by an adult family member is contrary to the
best interest of the child, the court shall grant a petition to
adopt a child by an adult family member who has had physical
custody of the child for at least 12 consecutive months before
the parental rights to the child have been terminated. In this
section, “adult family member” has the meaning given in AS
47.10.990.
((§ 3 ch 64 SLA 2005))
§ 25.23.130.
Effect of adoption decree.
(a) A final decree of adoption, whether issued by a court
of this state or of any other state, has the following effect as to
matters within the jurisdiction or before a court of this state:
(1) except with respect to a spouse of the petitioner and
relatives of the spouse, to relieve the natural parents of the
adopted person of all parental rights and responsibilities, and,
except as provided in (c) of this section, to terminate all legal
relationships between the adopted person and the natural
parents and other relatives of the adopted person, so that the
adopted person thereafter is a stranger to the former relative for
all purposes including inheritance, unless the decree of
adoption specifically provides for continuation of inheritance
rights, and the interpretation or construction of document
tion, to terminate all legal
relationships between the adopted person and the natural
parents and other relatives of the adopted person, so that the
adopted person thereafter is a stranger to the former relative for
all purposes including inheritance, unless the decree of
adoption specifically provides for continuation of inheritance
rights, and the interpretation or construction of documents,
statutes, and instruments, whether executed before or after the
adoption is decreed, which do not expressly include the person
by name or by some designation not based on a parent and
child or blood relationship; and
(2) to create the relationship of parent and child between
petitioner and the adopted person, as if the adopted person
were a legitimate blood descendant of the petitioner, for all
purposes including inheritance and applicability of statutes,
documents, and instruments, whether executed before or after
the adoption is decreed, which do not expressly exclude an
adopted person from their operation or effect.
(b) Notwithstanding the provisions of (a) of this section,
if a parent of a child dies without the relationship of parent and
child having been previously terminated and a spouse of the
living parent thereafter adopts the child, the child’s right of
inheritance from or through the deceased parent is unaffected
by the adoption.
(c) Nothing in this chapter prohibits an adoption that
allows visitation between the adopted person and the person’s
natural parents or other relatives.
thout the relationship of parent and
child having been previously terminated and a spouse of the
living parent thereafter adopts the child, the child’s right of
inheritance from or through the deceased parent is unaffected
by the adoption.
(c) Nothing in this chapter prohibits an adoption that
allows visitation between the adopted person and the person’s
natural parents or other relatives.
(d) Except as provided in (e) of this section, a decree
terminating parental rights on the grounds set out in AS
25.23.180(c)(3) voids all legal relationships between the child
and the biological parent so that the child is a stranger to the
biological parent and to relatives of the biological parent for all
purposes, including interpretation of documents executed
before or after the termination of parental rights that do not
include the child by name or by a description not based on a
parental or blood relationship.
(e) Inheritance rights between a child and a biological
parent are not voided by a decree terminating parental rights on
the grounds set out in AS 25.23.180(c)(3) unless the decree
specifically provides for the termination of inheritance rights.
(§ 1 ch 84 SLA 1974; am § 12, 13 ch 140 SLA 1986; am § 4
ch 50 SLA 1987)
Note:
In 1995, the legislature enacted AS 13.12.114 on
inheritance rights between parent and child. This section
changes the law governing inheritance rights of adopted
children. According to AS 13.12.114(d), to the extent there is a
conflict between AS 13.12.114 and AS 25.23.130, AS
13.12.114 controls.
§ 25.23.140.
Appeal
and
validation
of
adoption
decree.
(a) An appeal from any final order or decree rendered
under this chapter may be taken in the manner and time
provided for appeal from a judgment in a civil action.
g inheritance rights of adopted
children. According to AS 13.12.114(d), to the extent there is a
conflict between AS 13.12.114 and AS 25.23.130, AS
13.12.114 controls.
§ 25.23.140.
Appeal
and
validation
of
adoption
decree.
(a) An appeal from any final order or decree rendered
under this chapter may be taken in the manner and time
provided for appeal from a judgment in a civil action.
(b) Subject to the disposition of an appeal, upon the
expiration of one year after an adoption decree is issued, the
decree may not be questioned by any person including the
petitioner, in any manner upon any ground, including fraud,
misrepresentation, failure to give any required notice, or lack
of jurisdiction of the parties or of the subject matter, unless, in
the case of the adoption of a minor the petitioner has not taken
custody of the minor, or, in the case of the adoption of an
adult, the adult had no knowledge of the decree within the one-
year period.
(c) Subject to the disposition of an appeal, one year after
a decree is issued terminating parental rights on grounds set
out in AS 25.23.180(c)(3), the order may not be challenged on
any ground, including fraud, misrepresentation, failure to give
notice, or lack of jurisdiction of the parties or of the subject
matter.
(§ 1 ch 84 SLA 1974; am § 5 ch 50 SLA 1987)
§ 25.23.150.
Confidential nature of hearings and
records in adoption proceedings.
(a) All hearings held in proceedings under this chapter
shall be held in closed court without admittance of any person
other than essential officers of the court, the parties, their
witnesses, counsel, persons who have not previously consented
to the adoption but are required to consent, and representatives
of the agencies present to perform their official duties.
s in adoption proceedings.
(a) All hearings held in proceedings under this chapter
shall be held in closed court without admittance of any person
other than essential officers of the court, the parties, their
witnesses, counsel, persons who have not previously consented
to the adoption but are required to consent, and representatives
of the agencies present to perform their official duties.
(b) The papers and records relating to an adoption or a
termination of parental rights under AS 25.23.180(c)(3) that
are a part of the permanent record of a court are subject to
inspection only upon consent of the court. The papers and
records relating to an adoption or a termination of parental
rights under AS 25.23.180(c)(3) on file with the department, an
agency, or an individual are subject to inspection only with
consent of all interested persons or by order of a court for good
cause shown. Except as provided in this section, adoption
records of the Bureau of Vital Statistics are subject to
inspection under the provisions of AS 18.50.
(c) Except as otherwise provided by law, or as
authorized in writing by the adopted child, if 14 or more years
of age, or by the adoptive parent, or upon order of the court for
good cause shown, a person may not disclose the identity or
address of an adoptive parent, an adopted child, a child who is
the subject of a proceeding under AS 25.23.180(c)(3), or
biological parent whose parental rights have been terminated
on grounds set out in AS 25.23.180(c)(3).
g by the adopted child, if 14 or more years
of age, or by the adoptive parent, or upon order of the court for
good cause shown, a person may not disclose the identity or
address of an adoptive parent, an adopted child, a child who is
the subject of a proceeding under AS 25.23.180(c)(3), or
biological parent whose parental rights have been terminated
on grounds set out in AS 25.23.180(c)(3).
(d) The court may order the disclosure of a natural
parent’s identity or address only if
(1) the court makes an express finding that the disclosure
is required because of a medical necessity or other
extraordinary circumstance; and
(2) the natural parent unless the parent’s parental rights
have
been
terminated
on
grounds
set
out
in
AS
25.23.180(c)(3), the child, and the adoptive parents are
afforded proper notice and a hearing; the court may waive the
hearing and notice requirements if it finds there is a medical
necessity that poses an immediate risk to life.
(§ 1 ch 84 SLA 1974; am § 14 - 16 ch 140 SLA 1986; am § 6 -
8 ch 50 SLA 1987)
§ 25.23.160.
Recognition of foreign decree affecting
adoption.
A decree of court terminating the relationship of parent
and child or establishing the relationship by adoption issued
under due process of law by a court of any other jurisdiction
within or outside of the United States shall be recognized in
this state and the rights and obligations of the parties as to
matters within the jurisdiction of this state shall be determined
as though the decree were issued by a court of this state.
(§ 1 ch 84 SLA 1974)
§ 25.23.170.
Applications for birth certificates.
Within 30 days after an adoption decree becomes final,
the clerk of the court shall, if requested by the adoptive
parents, prepare an application for a birth certificate in the
name of the adopted person
within the jurisdiction of this state shall be determined
as though the decree were issued by a court of this state.
(§ 1 ch 84 SLA 1974)
§ 25.23.170.
Applications for birth certificates.
Within 30 days after an adoption decree becomes final,
the clerk of the court shall, if requested by the adoptive
parents, prepare an application for a birth certificate in the
name of the adopted person. Upon issuing a decree terminating
parental rights on grounds set out in AS 25.23.180(c)(3) the
court may order the preparation of an application for a birth
certificate in the name of the child without reference to the
parent whose parental rights have been terminated. The clerk
of the court shall forward the application
(1) for a person born in the United States, to the
appropriate vital statistics office of the place, if known, where
the adopted person was born and a copy of the decree to the
department for statistical purposes; and
(2) for a person born outside the United States to the
state registrar of vital statistics.
(§ 1 ch 84 SLA 1974; am § ch 76 SLA 1982; am § 9 ch 50
SLA 1987)
§ 25.23.173.
Indian child adoption reports.
After entering a final decree or order in an Indian child
adoptive placement, the court shall send to the Secretary of the
Interior a copy of the decree or order and other information
required by 25 U.S.C. 1951 (sec. 301(a) of the Indian Child
Welfare Act of 1978).
(§ 17 ch 140 SLA 1986)
§ 25.23.175.
Findings concerning
persons born
outside the United States.
In the case of the adoption of a person born outside the
United States, if requested by the adoptive parents, the court
shall make findings, based on evidence from the petitioner and
other reliable state or federal sources, on the date and place of
birth and parentage of the adopted person. The findings shall
be certified by the court and included with the report of
adoption filed with the state registrar of vital statistics in
accordance with AS 18.50.210.
(§ 5 ch 76 SLA 1982)
§ 25.23.180
arents, the court
shall make findings, based on evidence from the petitioner and
other reliable state or federal sources, on the date and place of
birth and parentage of the adopted person. The findings shall
be certified by the court and included with the report of
adoption filed with the state registrar of vital statistics in
accordance with AS 18.50.210.
(§ 5 ch 76 SLA 1982)
§ 25.23.180.
Relinquishment and termination of
parent and child relationships.
(a) The rights of a parent with reference to a child,
including parental right to control the child or to withhold
consent to an adoption, may be relinquished and the
relationship of parent and child terminated in or before an
adoption proceeding as provided in this section.
(b) All rights of a parent with reference to a child,
including the right to receive notice of a hearing on a petition
for adoption, may be relinquished and the relationship of
parent and child terminated by a writing, signed by the parent,
regardless of the age of the parent, a copy of which shall be
given to the parent,
(1) in the presence of a representative of an agency
taking custody of the child, whether the agency is within or
outside of the state or in the presence and with the approval of
the court within or outside of this state in which the minor was
present or in which the parent resided at the time it was signed,
which relinquishment may be withdrawn within 10 days after
it is signed or the child is born, whichever is later; and the
relinquishment is invalid unless it states that the parent has this
right of withdrawal; or
(2) in any other situation if the petitioner has had custody
of the minor for two years, but only if notice of the adoption
proceeding has been given to the parent and the court finds,
after considering the circumstances of the relinquishment and
the long continued custody by the petitioner, that the best
interest of the child requires the granting of adoption.
this
right of withdrawal; or
(2) in any other situation if the petitioner has had custody
of the minor for two years, but only if notice of the adoption
proceeding has been given to the parent and the court finds,
after considering the circumstances of the relinquishment and
the long continued custody by the petitioner, that the best
interest of the child requires the granting of adoption.
(c) The relationship of parent and child may be
terminated by a court order issued in connection with a
proceeding under this chapter or a proceeding under AS 47.10
on the grounds
(1) specified in AS 47.10.080(o) or 47.10.088;
(2) that a parent who does not have custody is
unreasonably withholding consent to adoption, contrary to the
best interest of the minor child; or
(3) that the parent committed an act constituting sexual
assault or sexual abuse of a minor under the laws of this state
or a comparable offense under the laws of the state where the
act occurred that resulted in conception of the child and that
termination of the parental rights of the biological parent is in
the best interests of the child.
(d) For the purpose of an adoption proceeding under this
chapter, a decree issued by a court of competent jurisdiction in
this or another state terminating all rights of a parent with
reference to a child or the relationship of parent and child
dispenses with the required
(1) consent by that parent to an adoption of that child;
and
(2) notice of a proceeding to that parent unless otherwise
required by this section.
doption proceeding under this
chapter, a decree issued by a court of competent jurisdiction in
this or another state terminating all rights of a parent with
reference to a child or the relationship of parent and child
dispenses with the required
(1) consent by that parent to an adoption of that child;
and
(2) notice of a proceeding to that parent unless otherwise
required by this section.
(e) A petition for termination of the relationship of
parent and child made in connection with an adoption
proceeding or in an independent proceeding for the termination
of parental rights on grounds set out in (c)(3) of this section
may be made by
(1) either parent if termination of the relationship is
sought with respect to the other parent;
(2) the petitioner for adoption, the guardian of the
person, the legal custodian of the child, or the individual
standing in parental relationship to the child;
(3) an agency; or
(4) another person having a legitimate interest in the
matter.
(f) Before the petition is heard, notice of the hearing on
the petition and opportunity to be heard shall be given the
parents of the child, the guardian of the person of the child, the
person having legal custody of the child, and, in the discretion
of the court, a person appointed to represent any party.
(g) Notwithstanding the provisions of (b) of this section,
a relinquishment of parental rights with respect to a child,
executed under this section, may be withdrawn by the parent,
and a decree of a court terminating the parent and child
relationship on grounds set out in (c)(1) and (2) of this section
may be vacated by the court upon motion of the parent, if the
child is not on placement for adoption and the person having
custody of the child consents in writing to the withdrawal or
vacation of the decree.
executed under this section, may be withdrawn by the parent,
and a decree of a court terminating the parent and child
relationship on grounds set out in (c)(1) and (2) of this section
may be vacated by the court upon motion of the parent, if the
child is not on placement for adoption and the person having
custody of the child consents in writing to the withdrawal or
vacation of the decree.
(h) The respondent to a petition filed for the termination
of parental rights on grounds set out in (c)(3) of this section is
entitled to representation in the proceedings by an attorney. If
the respondent is financially unable to employ an attorney, the
court shall appoint the office of public advocacy to represent
the respondent in the proceedings.
(i) Proceedings for the termination of parental rights on
the grounds set out in (c)(3) of this section do not affect the
rights of a victim of sexual abuse of a minor or incest to obtain
legal and equitable civil remedies for all injuries and damages
arising out of the perpetrator’s conduct.
(j) In a relinquishment of parental rights executed under
(a) of this section, a parent may retain privileges with respect
to the child, including the ability to have future contact,
communication, and visitation with the child. A retained
privilege must be stated in writing with specificity. Not less
than 10 days after the relinquishment is signed, the court may
enter an order terminating parental rights if the court finds that
termination of parental rights under the terms of the agreement
is in the child’s best interest. If a parent has retained one or
more privileges, the court shall incorporate the retained
privileges into the termination order with a recommendation
that the retained privileges be incorporated in an adoption or
legal guardianship decree.
rder terminating parental rights if the court finds that
termination of parental rights under the terms of the agreement
is in the child’s best interest. If a parent has retained one or
more privileges, the court shall incorporate the retained
privileges into the termination order with a recommendation
that the retained privileges be incorporated in an adoption or
legal guardianship decree.
(k) A voluntary relinquishment may not be withdrawn
and a termination order may not be vacated on the ground that
a retained privilege has been withheld from the relinquishing
parent or that the relinquishing parent has been unable, for any
reason, to act on a retained privilege, except as provided in
Rule 60(b), Alaska Rules of Civil Procedure.
(l) After a termination order is entered, a person who has
voluntarily relinquished parental rights under this section may
request a review hearing, upon a showing of good cause, to
seek enforcement or modification of or to vacate a privilege
retained in the termination order. The court may modify,
enforce, or vacate the retained privilege if the court finds, by
clear and convincing evidence, that it is in the best interest of
the child to do so.
(m) After a termination order is entered and before the
entry of an adoption or legal guardianship decree, a
prospective adoptive parent or a guardian of a child who is the
subject of an adoption decree may request, after providing
notice as specified under this subsection, that the court decline
to incorporate a privilege retained in a termination order and
recommended for incorporation in an adoption or guardianship
decree under (j) of this section. The request made under this
subsection may only be considered by the court after providing
at least 20 days’ notice by certified mail to the last known
address of the person who has voluntarily relinquished parental
rights to the child
to incorporate a privilege retained in a termination order and
recommended for incorporation in an adoption or guardianship
decree under (j) of this section. The request made under this
subsection may only be considered by the court after providing
at least 20 days’ notice by certified mail to the last known
address of the person who has voluntarily relinquished parental
rights to the child. The notice under this subsection must
describe the request and explain that the recipient of the notice
may submit a written statement under penalty of perjury to the
court that the recipient either agrees with or opposes the
request. The notice must also include the deadline for
submitting the statement and the mailing address of the court.
The court may decline to incorporate a retained privilege if the
person who retained the privilege agrees with the request or if
the court finds that it is in the child’s best interest.
(n) A person who relinquished parental rights is entitled
to the appointment of an attorney if a hearing is requested
under (l ) or (m) of this section to the same extent as if the
parent’s rights had not been terminated in a child-in-need-of-
aid proceeding.
(§ 1 ch 84 SLA 1974; am 32 ch 21 SLA 1985; am § 10–13 ch
50 SLA 1987; am § 12 ch 99 SLA 1998; am § 4 ch 64 SLA
2005)
§ 25.23.185.
Records and information.
(a) At the time a petition for adoption is filed with the
court, the agency or individual placing the person for adoption,
or the petitioner, shall file with the court, for release to the
state registrar of vital statistics, the following information, or
an explanation of its unavailability, on forms provided by the
department:
(1) the address of each parent named on the original birth
certificate; and
(2) background
information
required
under
AS
18.50.510.
y or individual placing the person for adoption,
or the petitioner, shall file with the court, for release to the
state registrar of vital statistics, the following information, or
an explanation of its unavailability, on forms provided by the
department:
(1) the address of each parent named on the original birth
certificate; and
(2) background
information
required
under
AS
18.50.510.
(b) Upon entry of a decree of adoption, the clerk of the
court shall transmit to the Bureau of Vital Statistics the
information provided under (a) of this section. The bureau
shall attach the information to the original birth certificate of
the adopted person.
(c) A child adoption agency licensed under former AS
47.35 and a child placement agency licensed under AS 47.32
shall maintain records of the information required to be
furnished to the court under this section or under regulations of
the commissioner implementing this section. If a child
adoption agency or child placement agency ceases to place
persons for adoption, it shall transfer its records to the
commissioner.
(§ 18 ch 140 SLA 1986; am § 4 ch 124 SLA 1994; am § 13 ch
57 SLA 2005)
§ 25.23.190. Subsidy for hard-to-place child.
A hard-to-place child in the permanent custody of the
department in a foster home for not less than one year may not
be denied the opportunity for a permanent home if the
achievement of this depends on continued subsidy by the state.
(§ 1 ch 84 SLA 1974; am § 2 ch 36 SLA 1977)
§ 25.23.200.
Investigation of home for subsidized
hard-to-place child.
Persons who are caring for a hard-to-place child on a
foster parent basis and who have applied to adopt the hard-to-
place child and to receive payments for the care and support of
the hard-to-place child shall be evaluated as to their suitability
as adoptive parents by means of an adoptive home study
§ 2 ch 36 SLA 1977)
§ 25.23.200.
Investigation of home for subsidized
hard-to-place child.
Persons who are caring for a hard-to-place child on a
foster parent basis and who have applied to adopt the hard-to-
place child and to receive payments for the care and support of
the hard-to-place child shall be evaluated as to their suitability
as adoptive parents by means of an adoptive home study.
Persons who are caring for a hard-to-place child in the state’s
custody and who wish to be appointed legal guardians of the
child under AS 13.26.045, and to receive payments for the care
and support of the child, shall be evaluated as to their
suitability as guardians by means of a guardianship study. A
home study or guardianship study shall be made by the
commissioner’s adoption staff or on the commissioner’s behalf
by an authorized agency or individual that provides adoption
services.
(§ 1 ch 84 SLA 1974; am § 3 ch SLA 1977; am § 2 ch 204
SLA 1990)
§ 25.23.210.
Amount and duration of subsidy
payments.
(a) The department may adopt regulations to set the
amount and length of time that a subsidy for a hard-to-place
child may be granted.
(b) A subsidy granted by the department under this
section may be
(1) paid for a specified length of time not to extend
after the child’s 18th birthday; and
(2) a deferred subsidy; in this paragraph, “deferred
subsidy” means that no monetary reimbursement is paid to a
family but other benefits are paid for the child.
(c) A subsidy granted under this section may not
(1) exceed the existing rate for foster care; or
(2) be changed without the written request or con-
sent of the person caring for the child.
(d) The department shall review whether the amount of a
subsidy granted for a child is appropriate on request of the
person caring for the child.
d to a
family but other benefits are paid for the child.
(c) A subsidy granted under this section may not
(1) exceed the existing rate for foster care; or
(2) be changed without the written request or con-
sent of the person caring for the child.
(d) The department shall review whether the amount of a
subsidy granted for a child is appropriate on request of the
person caring for the child.
(e) Subsidies shall be paid from the same public funds
and in the same manner as foster care payments.
(§ 1 ch 84 SLA 1974; am § 4 ch 36 SLA 1977; am § 1 ch 31
SLA 2003; am § 3 ch 38 SLA 2008)
§ 25.23.220.
Annual reevaluation of subsidy.
.
§ 25.23.230.
Regulations.
The department shall adopt regulations necessary to
implement the provisions of AS 25.23.185 -25.23.240.
(§ 1 ch 84 SLA 1974; am § 19 ch 140 SLA 1986)
§ 25.23.240.
Definitions.
In this chapter, unless the context otherwise requires,
(1) “adult” means an individual who has reached the age
of majority;
(2) “agency” means any person certified, licensed, or
otherwise specially empowered by law or regulation to place
minors for adoption;
(3) “child” means a son or daughter, whether by birth or
by adoption;
(4) “commissioner” means the commissioner of family
and community services;
(5) “court” means the superior court of this state, and,
when the context requires, the court of another state
empowered to grant petitions for adoption or guardianship or
to terminate parental rights;
(6) “department” means the Department of Family and
Community Services;
(7) “hard to place child” means a minor who is not likely
to be adopted or to obtain a guardian by reason of physical or
mental disability, emotional disturbance, recognized high risk
of physical or mental disease, age, membership in a sibling
group, racial or ethnic factors, or any combination of these
conditions;
(8) “minor” means a person who has not reached the age
of majority;
vices;
(7) “hard to place child” means a minor who is not likely
to be adopted or to obtain a guardian by reason of physical or
mental disability, emotional disturbance, recognized high risk
of physical or mental disease, age, membership in a sibling
group, racial or ethnic factors, or any combination of these
conditions;
(8) “minor” means a person who has not reached the age
of majority;
(9) “sexual abuse of a minor” means a sexual offense
defined in AS 11.41.434, 11.41.436, 11.41.438, or 11.41.440;
(10) “sexual assault” means a sexual offense defined in
AS 11.41.410 or 11.41.420;
(11) “stepparent” means the spouse of a natural parent of
the child residing in the same household.
(§ 1 ch 84 SLA 1974; am § 5 ch 36 SLA 1977; am § 20 ch 140
SLA 1986; am § 14, 15 ch 50 SLA 1987; am § 4, 5 ch 204
SLA 1990)
This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.