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Alaska Adoption Laws, Page 3

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Consent Laws

Who Must Consent to an Adoption

Statute: § 25.23.040

  • The mother
  • The father if married to the mother
  • The father by adoption, or otherwise legitimized
  • Any person lawfully entitled to custody or consent
  • The court
  • The spouse of a minor


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Age When Consent of Adoptee is Considered or Required

Statute: § 25.23.040

  • A child 10 years of age or older must consent to the adoption, unless the court in the child's best interest dispenses with consent.
  • An adult to be adopted must consent.

When Parental Consent is not Needed

Statute: § 25.23.050

  • A parent has:
    • Abandoned the child
    • Failed to communicate with or support the child
    • Had rights terminated
    • Been declared incompetent
    • The child is 19 years of age or older.

When Consent Can Be Executed

Statute: § 25.23.060

  • May be executed any time after the child's birth

How Consent Must Be Executed

Statute: § 25.23.060

  • Consent is executed:
    • Before the court
    • Before a person authorized to take acknowledgments

Revocation of Consent

Statute: § 25.23.070

  • Consent may be withdrawn before the entry of the adoption decree for any reason within 10 days of executing consent.
  • After the 10-day period, the court must find withdrawal of consent to be in the child's best interest.
  • Consent to adoption may not be withdrawn after the entry of a decree of adoption.

Credits: Child Welfare Information Gateway (http://www.childwelfare.gov)

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