Rule 6. Petitions

(a) Petition for Adoption.

(1) An adoption petition must include the information

required by AS 25.23.080 except as provided under (a)(4) of

this rule. A separate petition must be filed for each person to

be adopted. If the proceeding involves a minor, the petition

must also state whether the minor to be adopted is an Indian

child and whether any other court cases involving the minor

are known to be pending.

(2) An adoption petition involving an Indian child must

include a statement of petitioner’s compliance with the

placement preferences provided by 25 U.S.C. Section 1915(a).

The petition must state the identity of the child’s tribe, if

known; whether the child is reasonably believed to be a

resident or domiciliary of an Indian reservation as defined in

25 U.S.C. Section 1903(10); and whether the child is known to

be a ward of a tribal court.

(3) The report of expenditures required by AS 25.23.090

may be incorporated into the petition.

(4) A proceeding to adopt a child in state custody under

AS 47.10 must comply with AS 47.10.111. A proceeding to

adopt a child in state custody under AS 47.10 shall be heard

either

(A) as part of the child-in-need-of-aid proceeding; or

(B) in the judicial district in which the petitioner resides

if the petitioner provides notice to all of the parties to the child-

in-need-of-aid proceedings and no party objects.

(b) Petition for Termination of Parental Rights Based

on Relinquishment. A petition for termination based on the

voluntary relinquishment of parental rights pursuant to AS

25.23.180(b) must state, in addition to the information required

by paragraph (a), that the parent has or intends to relinquish

parental rights to the child.

to the child-

in-need-of-aid proceedings and no party objects.

(b) Petition for Termination of Parental Rights Based

on Relinquishment. A petition for termination based on the

voluntary relinquishment of parental rights pursuant to AS

25.23.180(b) must state, in addition to the information required

by paragraph (a), that the parent has or intends to relinquish

parental rights to the child.

(c) Petition for Involuntary Termination. A petition for

termination based on the involuntary termination of parental

rights pursuant to AS 25.23.180(c)(1)(A), (1)(B), or (2) must

state, in addition to the information required by paragraph (a),

the specific statutory and factual basis of the claim that

parental rights should be involuntarily terminated.

(d) Relationship of Petitions to Terminate Parental

Rights and to Adopt.

(1) A petition to terminate parental rights under paragraph

(b) or (c) of this rule may be combined with a petition for

adoption.

(2) In a petition for termination of parental rights under

paragraph (b) or (c) of this rule filed before a petition for

adoption, the term “petitioner” in AS 25.23.080(b)(4)–(6) will

be interpreted to mean the person who will have custody of the

child pending adoption.

Note: Chapter 6, 4SSLA 2016 (HB 200) enacted changes to

the procedures for adopting or becoming the guardian of a

child in state custody. Sections 15 and 16 of the Act amended

Adoption Rule 6(a), effective January 1, 2017, to incorporate

and reference the new requirements for proceedings to adopt a

child in state custody. This rule change is adopted for the sole

reason that the legislature has mandated the amendment.

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

termination of parental rights

hild in state custody. Sections 15 and 16 of the Act amended

Adoption Rule 6(a), effective January 1, 2017, to incorporate

and reference the new requirements for proceedings to adopt a

child in state custody. This rule change is adopted for the sole

reason that the legislature has mandated the amendment.

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).