Rule 9. Consents—Relinquishments

(a) Form. A consent or relinquishment must be in writing

and must include:

(1) notice of the person’s right to withdraw the consent or

relinquishment as provided by paragraphs (g), (h) and (i) of

this rule;

(2) the address and telephone number of the court in

which the adoption or relinquishment proceeding has or is

expected to be filed;

(3) a statement of the right to counsel as stated in Rule 8;

(4) a statement concerning whether or not any visitation

rights or other parental privileges are sought to be retained

after the adoption;

(5) if a consent, the information required in AS

25.23.060; and

(6) if signed by a parent, a statement of whether the

parent is a minor.

(b) Consent or Relinquishment Involving an Indian

Child. A consent or relinquishment involving an Indian child

must be signed in a hearing in the presence of a judge unless

the consent is by an agency. In addition to the explanations

required by paragraph (d), the court shall inquire as to what

efforts have been made to comply with the placement

preferences of 25 U.S.C. Section 1915(a). Consent for

adoption or relinquishment of parental rights of an Indian child

may not be given prior to or within ten days following the birth

of the child.

(c) Consent By a Minor.

(1) A consent by a minor child over the age of 10 to the

child’s adoption must be signed in writing and must be in the

presence of the court unless the court in the best interest of the

minor dispenses with the minor’s consent or the requirement

that the child consent in court.

(2) A consent by a parent who is a minor to an adoption

of the parent’s child must be signed in the presence of the

court.

sent by a minor child over the age of 10 to the

child’s adoption must be signed in writing and must be in the

presence of the court unless the court in the best interest of the

minor dispenses with the minor’s consent or the requirement

that the child consent in court.

(2) A consent by a parent who is a minor to an adoption

of the parent’s child must be signed in the presence of the

court.

(d) Consent or Relinquishment Before the Court. If a

consent or relinquishment is to be signed in the presence of the

court, the judge shall first determine that the terms and

consequences of the document were explained in detail to the

person in a language that the person understands. The court

also must determine that the person understands these terms

and consequences, and that the person voluntarily signs the

consent or relinquishment. If the identity or whereabouts of the

other parent is in question, the court shall inquire into these

matters.

(e) Consents or Relinquishments Not Before the

Court. A consent or relinquishment to an adoption not taken in

the presence of a judge must comply with AS 25.23.060. A

relinquishment not taken in the presence of a judge must

comply with AS 25.23.180(b).

(f) Consent

or

Relinquishment

Before

Special

Master. A consent or relinquishment required to be taken in

the presence of a judge must be taken in the physical presence

of a judge. However, in exceptional circumstances the assigned

judge may appoint a peace officer or person authorized to

administer oaths or affirmations to act as a special master

under Adoption Rule 3 for the limited purpose of sitting as the

judge in whose physical presence the person gives the consent

or relinquishment. The assigned judge must be telephonically

present when the consent or relinquishment is taken

xceptional circumstances the assigned

judge may appoint a peace officer or person authorized to

administer oaths or affirmations to act as a special master

under Adoption Rule 3 for the limited purpose of sitting as the

judge in whose physical presence the person gives the consent

or relinquishment. The assigned judge must be telephonically

present when the consent or relinquishment is taken. Both the

special master and the assigned judge must make oral or

written findings concerning the identity of the person signing

the consent or relinquishment, whether the person understood

the consent or relinquishment, and whether the person signed

voluntarily. The requirements of paragraph (c) also must be

met.

(g) Parent’s

Withdrawal

of

Consent

or

Relinquishment of a Non-Indian Child. The parent of a non-

Indian child may withdraw a consent or relinquishment by

written notice to the court, or the person or agency obtaining

the consent or relinquishment, within 10 days of the birth or

signing of the consent or relinquishment, whichever is later.

Notice is timely if received or postmarked on or before the last

day of this time period. After the 10 day period, the parent may

request that the court permit withdrawal of the consent or

relinquishment pursuant to AS 25.23.070 for a consent or AS

25.23.180(g) or AS 47.10.089(h) for a relinquishment.

(h) Parent’s

Withdrawal

of

Consent

or

Relinquishment of an Indian Child. The parent of an Indian

child may withdraw a consent or relinquishment by written

notice to the court, or the person or agency obtaining the

consent or relinquishment, at any time before the signing of the

decree of adoption for a consent or the order of termination for

a relinquishment. Notice is timely if received or postmarked on

or before the last day of this time period. A decree of adoption

or order of termination may not be signed until 10 days have

passed since the signing of the consent or relinquishment.

obtaining the

consent or relinquishment, at any time before the signing of the

decree of adoption for a consent or the order of termination for

a relinquishment. Notice is timely if received or postmarked on

or before the last day of this time period. A decree of adoption

or order of termination may not be signed until 10 days have

passed since the signing of the consent or relinquishment.

(i) Child’s Withdrawal of Consent. A child 10 years of

age or older may withdraw a consent by written notice to the

court, or the person or agency obtaining the consent, within 10

days of signing the consent. Notice is timely if received or

postmarked on or before the last day of this time period. After

the 10 day period, the child may request that the court permit

withdrawal of the consent pursuant to AS 25.23.070.

NOTE: Chapter 64, sections 56 and 57, SLA 2005 (HB 53)

amended Adoption Rule 9 as reflected in section 9 of this

Order. The change to Adoption Rule 9 is adopted for the sole

reason that the legislature has mandated the amendment. In

addition, according to section 60(b) of the Act, AS

25.23.180(j) - (n) and AS 47.10.089, enacted in sections 4 and

17, amend Adoption Rule 9 by requiring retained privileges to

be set out in the relinquishment form and order and by

providing additional procedures related to the relinquishment.