Title 25 — Marital and Domestic Relations
11 chapters · 361 sections in this title.
AS 25.23.010 Who may be adopted.
0.0K chars
Any person may be adopted.
AS 25.23.020 Who may adopt.
0.9K chars
(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.
1.2K chars
(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.
1.1K chars
(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.
1.8K chars
(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.
2.0K chars
(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.
0.6K chars
(a) A consent to adoption may not be withdrawn after the entry of a decree of adoption. (b) A consent to adoption may be withdrawn before the entry of a decree of adoption, within 10 days after the consent is given, by delivering written notice to the person obtaining the consent…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.
2.1K chars
(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.
1.0K chars
(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.
4.8K chars
(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.
0.4K chars
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.
0.8K chars
(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.
0.6K chars
(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.
0.5K chars
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.
3.2K chars
(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.
1.1K chars
(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.
2.1K chars
(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.
0.4K chars
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.
0.8K chars
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.
0.3K chars
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.
0.4K chars
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.
8.1K chars
(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.
1.1K chars
(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.
0.2K chars
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.
0.8K chars
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.
0.9K chars
(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.]
0.0K chars
[Repealed or reserved.]
AS 25.23.230 Regulations.
0.1K chars
The department shall adopt regulations necessary to implement the provisions of AS 25.23.185 — 25.23.240.
AS 25.23.240 Definitions.
1.4K chars
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 …
AS 25.24.010 Right of action for divorce.
0.1K chars
A husband or wife may maintain an action against the other for divorce or to have the marriage declared void.
AS 25.24.020 Void marriages.
0.2K chars
A marriage which is prohibited by law on account of consanguinity between the persons, or a subsequent marriage contracted by a person during the life of a former husband or wife which marriage has not been annulled or dissolved is void.
AS 25.24.030 Voidable marriages.
1.1K chars
A marriage may be declared void for any of the following causes existing at the time of the marriage: (1) that the party in whose behalf it is sought to have the marriage declared void was under the age of legal consent, and the marriage was contracted without the consent of the …
AS 25.24.040 Action to declare marriage valid.
0.3K chars
When either the husband or wife claims or pretends that the marriage is void or voidable, the other spouse may bring an action to have the marriage declared valid. The court may determine if the marriage is void from the beginning or from the time of the judgment or that it is va…
AS 25.24.050 Grounds for divorce.
1.1K chars
A divorce may be granted for any of the following grounds: (1) failure to consummate the marriage at the time of the marriage and continuing at the commencement of the action; (2) adultery; (3) conviction of a felony; (4) wilful desertion for a period of one year; (5) either (A) …
AS 25.24.060 Mediation.
3.4K chars
(a) Except as provided in (f) and (g) of this section, at any time within 30 days after a complaint or cross-complaint in a divorce action is filed, a party to the action may file a motion with the court requesting mediation, for the purpose of achieving a mutually agreeable sett…
AS 25.24.070 Confession of adultery.
0.1K chars
In an action for divorce on the ground of adultery, a confession of adultery is not alone sufficient to justify a judgment of divorce.
AS 25.24.080 Residence requirements for action to declare marriage void.
0.1K chars
When a marriage has been solemnized and the plaintiff is a resident of the state, an action to declare the marriage void may be brought at any time.
AS 25.24.090 Use of spouse's residence.
0.3K chars
Where one spouse is plaintiff in an action for divorce or to declare void a marriage that was not solemnized in the state, the residence of the other spouse in this state inures to the plaintiff's benefit and the action may be instituted if the other spouse is at the time of its …
AS 25.24.100 [Renumbered as AS 25.24.900.]
0.0K chars
[Repealed or reserved.]
AS 25.24.110 Separate domicile or residence.
0.2K chars
In an action for divorce, a spouse may acquire a separate residence or domicile from that of the other spouse without reference among other factors to misconduct or consent of the other spouse.
AS 25.24.120 Defenses to adultery.
0.5K chars
In a divorce action for adultery, the following defenses may be made: (1) procurement; (2) connivance; (3) the act has been expressly forgiven or impliedly forgiven by the voluntary cohabitation of the parties after knowledge of the act; (4) the plaintiff is also guilty of adulte…
AS 25.24.130 Defenses to other divorce grounds.
0.4K chars
When the divorce action is for any of the grounds provided in AS 25.24.050(4)—(6), the defense of procurement or that the defendant has been expressly forgiven may be made. When the divorce action is for the ground provided in AS 25.24.050(3), the defense of procurement or that t…
AS 25.24.140 Orders during action.
3.6K chars
(a) During the pendency of the action, a spouse may, upon application and in appropriate circumstances, be awarded expenses, including (1) attorney fees and costs that reasonably approximate the actual fees and costs required to prosecute or defend the action; in applying this pa…
AS 25.24.150 Judgments for custody; supervised visitation.
6.3K chars
(a) In an action for divorce or for legal separation, for placement of a child when one or both parents have died, or as part of a child-in-need-of-aid proceeding for a child in state custody under AS 47.10, the court may, if it has jurisdiction under AS 25.30.300 — 25.30.320, an…
AS 25.24.152 Children as dependents for tax purposes.
1.0K chars
(a) In an action for divorce, dissolution, or to declare a marriage void, the court may not unconditionally grant to a noncustodial parent the right to claim a child as a dependent under federal income tax laws. The court may grant a noncustodial parent the right to claim a child…
AS 25.24.155 Reservation of issues.
1.2K chars
(a) The court may not delay or reserve a custody decision under AS 25.24.150(f) or an issue of property division under AS 25.24.160(c) unless (1) each party, and the guardian ad litem if one has been appointed under AS 25.24.310, expressly agrees on the record to the delay or res…
AS 25.24.160 Judgment.
5.9K chars
(a) In a judgment in an action for divorce or action declaring a marriage void or at any time after judgment, the court may provide (1) for the payment by either or both parties of an amount of money or goods, in gross or installments that may include cost-of-living adjustments, …
AS 25.24.165 Change of name in divorce or annulment.
2.2K chars
(a) In a judgment in an action for divorce or action declaring a marriage void, the court may change the name of either of the parties. (b) If a party seeks a change of name to a name other than a prior name, the court shall set a date for hearing not less than 40 days after fili…
AS 25.24.170 Modification of judgment.
1.2K chars
(a) Subject to AS 25.20.110, any time after judgment the court, upon the motion of either party, may set aside, alter, or modify so much of the judgment as may provide for alimony, for the appointment of trustees for the care and custody of the minor children or for their nurture…
AS 25.24.180 Effect of divorce.
0.1K chars
Article 2. Dissolution of Marriage. The effect of a judgment decreeing a divorce is to restore the parties to the state of unmarried persons.