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ALASKA Statutes 18.50.500 to 18.50.510 and25.23.010 to 25.23.240 (1995) Who Can Adopt? A single adult, a husband and wife together, or the unmarried father or motherof the child can adopt. A married person can adopt without their spouse'sconsent if the spouse wanting to adopt is a stepparent, or they are legallyseparated, or if failure of the other spouse to join the adoption is excused bythe court. Who Can Be Adopted? Any person can be adopted. Consent to Adoption Written consent (which must indicate whether the child or parent is a memberof an Indian tribe) must be given by the following parties: (1) the mother of the minor; (2) the father of the minor, if he was married to the mother at the time ofconception, or at any time after conception, or if he is the minor's father byadoption, or has otherwise legitimated the child; (3) any person who has custody of the child, or the court if the legalguardian is not empowered to consent; (4) the adoptee, if older than 10 years of age, unless the court dispenseswith this consent; and (5) the spouse of the adoptee. Consent is not required of the following parties: (1) A parent who has abandoned a child for at least 6 months; (2) a parent of a child who is in another person's custody and the parent hasfailed to communicate with or provide care for the child for at least 1 year; (3) a parent whose parental rights are terminated; (4) an unwed father if he has not legitimated the child under State law, forexample, either through adopting the child or through marriage to the mother;or (5) a guardian who has failed to respond in writing to a request for consentwithin 60 days, or whose withholding of consent is deemed unreasonable. The court may waive the consent requirement of the parent if the child is atleast 19 or the parent is declared incompetent. The consent of the spouse ofthe minor to be adopted may also be waived by the court. Consent can take place at any time after the birth of the child. It can bewithdrawn in writing before the entry of the decree of the adoption and within10 days after consent is given, or after 10 days if the court finds it to be inthe child's best interest. A petition to adopt an adult may be granted only if the adult (or legalguardian) and the adult's spouse provide written consent. Confidentiality All hearings shall be held in closed court, and all records relating to theadoption can be inspected only with court approval. The identity of theadoptive parent and the adoptee may not be revealed unless authorized inwriting by the adoptee, if 14 years of age or older, by the adoptive parent, orby the court. The court may order the disclosure of the natural parent'sidentity and address due to a medical necessity or other extraordinarycircumstances. An adoptee 18 years of age or older may request an uncertified copy of theoriginal birth certificate and any change in the biological parent's name oraddress attached to the certificate. The State registrar may disclose to arequesting biological parent the current name and address of an adoptee, if thechild is 18 years of age or older and has made a written request that theinformation be disclosed. The State registrar will also release, at therequest of the adoptee, 18 years of age or older, certain pertinent informationregarding the biological parents, such as medical history, education, andphysical description, if available. (This information if found in 18.50.500 and 18.50.510 of the Alaska Statutes under theVital Statistics Act). Permissible Fees Except in cases of an adoption by a stepparent, the adoptive parent must submit all expenses in connection with the adoption or placement of the adoptee to the court. The report shall include expenses in connection with (1) the adoptee's birth and placement; (2) the mother's medical care; and (3) the cost of adoption services. Place of Adoption Hearing The adoption hearing shall take place in the district where the adoptiveparent resides, where the person to be adopted resides, or where the agencyhaving custody of the minor is located. The court may transfer, keep, or dismiss the hearing if in the interest of justice. Authority To Place Child Any person certified, licensed, or otherwise specially empowered by law or regulation may place a child for adoption. Relative Adoption Unless a court requires, a pre-adoption investigation and report is not required in cases of adoption by stepparents and certain relatives. |
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Not available in electronic form at this time for this state, sorry. |
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Alaska Bar Association |
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