11 chapters · 361 sections in this title.
AS 25.23.005 Construction of chapter; rights of persons affected by adoption.
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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.
AS 25.23.010 Who may be adopted.
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Any person may be adopted.
AS 25.23.020 Who may adopt.
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(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…
AS 25.23.030 Venue.
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(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…
AS 25.23.040 Persons required to consent to adoption.
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(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 th…
AS 25.23.050 Persons as to whom consent and notice not required.
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(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…
AS 25.23.060 Execution of consent; consent as power of attorney.
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(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 th…
AS 25.23.070 Withdrawal of consent.
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(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…
AS 25.23.080 Petition for adoption.
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(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 …
AS 25.23.090 Report of petitioner's expenditures.
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(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 …
AS 25.23.100 Notice of petition, investigation, and hearing.
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(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 petiti…
AS 25.23.110 Required residence of minor.
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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…
AS 25.23.120 Hearing.
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(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 circ…
AS 25.23.125 Preference of minor to be adopted; guardian ad litem; protective orders.
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(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 A…
AS 25.23.127 Adult family member preference to adopt.
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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 p…
AS 25.23.130 Effect of adoption decree; effect of termination of parental rights.
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(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 rel…
AS 25.23.140 Appeal and validation of adoption decree.
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(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…
AS 25.23.150 Confidential nature of hearings and records in adoption proceedings.
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(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 …
AS 25.23.160 Recognition of foreign decree affecting adoption.
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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 obligat…
AS 25.23.170 Applications for birth certificates.
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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 …
AS 25.23.173 Indian child adoption reports.
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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).
AS 25.23.175 Findings concerning persons born outside the United States.
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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 adop…
AS 25.23.180 Relinquishment and termination of parent and child relationships.
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(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) …
AS 25.23.185 Records and information.
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(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 una…
AS 25.23.190 Subsidy for hard-to-place child.
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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.
AS 25.23.200 Investigation of home for subsidized hard-to-place child.
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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 a…
AS 25.23.210 Amount and duration of subsidy payments.
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(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 bi…
AS 25.23.220 Annual reevaluation of subsidy. [Repealed, § 4 ch 31 SLA 2003.]
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[Repealed or reserved.]
AS 25.23.230 Regulations.
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The department shall adopt regulations necessary to implement the provisions of AS 25.23.185 — 25.23.240.
AS 25.23.240 Definitions.
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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 …