Revision as of 08:43, 29 January 2014

Adoption Laws

Consent to Adoption

Who Must Consent to an Adoption

Citation: Alaska Stat. § 25.23.040

A petition to adopt a minor may be granted only if written consent to a particular adoption has been executed by:

• The mother of the minor
• The father of the minor if the father was married to the mother at the time the minor was conceived or at any time after conception, the minor is the father’s child by adoption, or the father has otherwise legitimated the minor
• Any person lawfully entitled to custody of the minor or empowered to consent
• The court having jurisdiction to determine custody of the minor if the legal guardian or custodian of the person of the minor is not empowered to consent to the adoption
• The spouse of the minor to be adopted

Consent of Child Being Adopted

Citation: Alaska Stat. § 25.23.040

A child age 10 or older must consent to the adoption unless, in the child’s best interests, the court dispenses with consent.

When Parental Consent Is Not Needed

Citation: Alaska Stat. § 25.23.050

Consent to adoption is not required of:

• A parent who has abandoned a child for a period of at least 6 months
• A parent of a child in the custody of another if the parent, for a period of at least 1 year, has failed significantly without justifiable cause, including but not limited to indigence:
  • To communicate meaningfully with the child
  • To provide for the care and support of the child as required by law or judicial decree
• The father if the father’s consent is not required by § 25.23.040(a)(2)
• A parent who has relinquished the right to consent
• A parent whose parental rights have been terminated by order of the court
• A parent judicially declared incompetent or mentally defective if the court dispenses with the parent’s consent
• A parent of the adopted person if the adopted person is age 18 or older
• A guardian or custodian who has failed to respond in writing to a request for consent for a period of 60 days or who, after examination of the guardian’s or custodian’s written reasons for withholding consent, is found by the court to be withholding consent unreasonably
• The spouse of the adopted person if the requirement of consent to the adoption is waived by the court by reason of prolonged unexplained absence, unavailability, incapacity, or circumstances constituting an unreasonable withholding of consent

When Consent Can Be Executed

Citation: Alaska Stat. § 25.23.060

The required consent to adoption shall be executed at any time after the birth of the child.

How Consent Must Be Executed

Citation: Alaska Stat. § 25.23.060

The required consent to adoption shall be executed in the presence of the court or a person authorized to take acknowledgments. The consent is not valid unless the consent form states that the person consenting to the adoption has the right to withdraw that consent as provided in § 25.23.070(b) and unless the person consenting to the adoption acknowledges receipt of a copy of the consent form.

The person giving consent shall state in the consent form whether the child is a member of an Indian Tribe or the biological child of a member of an Indian Tribe, so that the court may determine whether the provisions of the Indian Child Welfare Act of 1978 apply.

Revocation of Consent

Citation: Alaska Stat. § 25.23.070

A consent to adoption may not be withdrawn after the entry of a decree of adoption.

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. Consent may be withdrawn after the 10-day period if the court finds, after notice and opportunity to be heard is afforded to the petitioner, the person seeking the withdrawal, and the agency placing the child for adoption, that the withdrawal is in the best interests of the person to be adopted, and the court orders the withdrawal.

Criminal Background Checks for Prospective Foster and Adoptive Parents

Requirements for Foster Parents

Alaska Stat. § 47.14.100(j); Admin. Code Tit. 7, §§ 56.070; 56.210

The applicant must request a criminal history check, or provide proof of a valid fingerprint-based criminal history check, for each individual to be associated with the applicant. This requirement applies to all individuals age 16 or older who are not recipients of services and who wish to reside with the applicant. This requirement applies to each individual who, on or before April 10, 2007:

• Does not have a valid criminal history check
• Passed a criminal history check conducted before February 9, 2007, that was not fingerprint-based or was fingerprint-based and conducted more than 6 years before February 9, 2007

An application for licensure will not be approved if:

• The applicant’s name appears on the centralized registry.
• The applicant has a physical health problem or behavioral health problem that poses a significant risk to the health, safety, or well-being of children.
• The applicant was the subject of prior adverse licensing action.
• The individual has been convicted of any of the barrier crimes listed in 7 AAC 10.905.

In addition to the criminal history check, the department will review its child protection records and previous licensing records with respect to the applicant.

For the purpose of determining whether the home of a relative meets the requirements for placement of a child, the department shall conduct a criminal background check from State and national criminal justice information available under ch. 12.62. The department may conduct a fingerprint background check on any member of the relative’s household who is age 16 or older when the relative requests placement of the child.

Requirements for Adoptive Parents Admin. Code Tit. 7, §§ 56.660; 56.210(b)

This issue is not addressed in statute. The following information is from the Alaska Administrative Code.

An agency shall conduct a home study for all applicants in the family being considered as an adoptive or guardianship home by the agency. The agency shall obtain the results of a check for a history of abuse, violence, or criminal background for all adults living in the home, and an evaluation shall be made of the suitability of the home in light of any finding of such history.

Except when placing a child under emergency conditions, an adoption or guardianship home may not be approved if a person in the prospective adoption or guardianship home has a disqualification described in 7 AAC 56.210(b). An individual may be disqualified if:

• The individual’s name appears on the centralized registry of child abuse and neglect.
• The individual has a physical health problem or behavioral health problem that poses a significant risk to the health, safety, or well-being of children.
• The individual was the subject of prior adverse licensing action.

The agency shall review the Alaska Sexual Offender Registry before placement of a child and shall make a check of local court records before placement or on the first day that the court is open following the placement of a child.

An agency shall request a State and Federal report of criminal history record information for each adult member of an applicant’s household. The individual may be disqualified if he or she has been convicted of a barrier crime, as described in 7 AAC 10.905.

Grounds for Involuntary Termination of Parental Rights

Circumstances That Are Grounds for Termination of Parental Rights

Alaska Stat. §§ 47.10.011; 47.10.080; 47.10.086; 47.10.088

The parent’s parental rights may be terminated if the court finds by clear and convincing evidence that:

• The child has been subjected to conduct or conditions described below.
• The parent has not remedied the conduct or conditions in the home that place the child at substantial risk of harm.
• The department has complied with requirements concerning reasonable efforts.

Any of the following may be grounds for termination:

• The parent has abandoned the child.
• The parent is unable to discharge his or her parental duties due to:
  • Emotional illness, mental illness, or mental deficiency
  • Use of alcohol or controlled substances
  • A conviction and incarceration for a felony, and the parent has not arranged for the child’s care
• The parent has subjected the child to circumstances that pose a substantial risk of harm, including, but not limited to, abandonment, torture, chronic mental injury, chronic physical harm, or sexual abuse.
• The parent’s conduct or neglect has resulted in serious physical or mental injury to the child.
• The child has been in foster care for 15 of the most recent 22 months, and reasonable efforts to rehabilitate the parent have failed.
• The parent has been convicted of:
  • Homicide of a parent of the child or a child
  • Aiding, abetting, attempting, or soliciting to commit a homicide of a parent of the child or a child
  • A felony assault that resulted in serious bodily injury to a child
• The child has been sexually abused as a result of the parent’s conduct or failure to protect the child.
• The parent has willfully failed to provide the child with needed medical treatment.
• The child has committed an illegal act as a result of pressure, guidance, or approval from the parent.
• Parental rights to another child of the parent have been involuntarily terminated and conditions that led to the termination have not been corrected.

Circumstances That Are Exceptions to Termination of Parental Rights

Alaska Stat. § 47.10.088

The Department of Health and Social Services shall file a petition for termination of parental rights when the child has been in foster care for at least 15 of the most recent 22 months unless:

• The department has documented compelling reasons why termination of parental rights would not be in the best interests of the child. This may include the child being cared for by a relative.
• The department is required to make reasonable efforts according to the case plan and has not provided to the parent the family support services that the department has determined are necessary for the safe return of the child to the home.

Circumstances Allowing Reinstatement of Parental Rights

Alaska Stat. § 47.10.089

After a termination order is entered and before the entry of an adoption or legal guardianship decree, a person who voluntarily relinquished parental rights to a child under this section may request a review hearing, upon a showing of good cause, to vacate the termination order and reinstate parental rights relating to that child. A court shall vacate a termination order if the person shows, by clear and convincing evidence, that reinstatement of parental rights is in the best interests of the child and that the person is rehabilitated and capable of providing the care and guidance that will serve the moral, emotional, mental, and physical welfare of the child.

Home Study Requirements for Prospective Parents in Domestic Adoption

Infant Safe Haven Laws

Regulation of Private Domestic Adoption Expenses

The Rights of Unmarried Fathers

Use of Advertising and Facilitators in Adoptive Placements

Who May Adopt, Be Adopted, or Place a Child for Adoption?

Post-Adoption Laws

Access to Adoption Records

Intestate Inheritance Rights for Adopted Persons

Postadoption Contact Agreements Between Birth and Adoptive Families