Alaska's Adoption Laws

• Adoption Records
• Consent To Adoption
• Parties To An Adoption
• Birth Father Statutes
• Adoption Expenses
• International Expenses
• General Adoption Statutes

Adoption Records

Alaska

Statute: § 47.17.040(b)

Records Confidential: Yes

Persons with access to records

• CPS/State Agencies

• Agencies From Other States

• Courts/Judges

• Law Enforcement

Persons without access to records

• Grand Juries

• Attorneys General/Prosecutors

• Attorneys, GAL's

• Physicians

• Reporters of Abuse

• Researchers

• Employers

• Parents/Guardians

• Coroners

• Review Teams

• Treatment Providers

• Subject of Reports

• Public/Any Person

Other Not addressed in statutes reviewed.

© This information is from the National Adoption Information Clearinghouse.

Consent to Adoption

The consent may be signed any time after the birth. The Alaska consent states that the birth mother is in agreement of not having any identifying information regarding the adoptive family. If the birth mother is not comfortable with this, the adoptive family must agree to have their names on the consent.

Pre-consents are not allowed in the state of Alaska.

Revocation Time Frame in Alaska

The consent may be revoked up to 10 days after signing. This is done by delivering written notice to the person obtaining the consent.

Parties to an Adoption

You may wish to review this introductory text to better understand the information contained in your State's statute. To see how your State addresses this issue, visit the State Statutes Search (www.naic.acf.hhs.gov/general/legal/statutes/search/).

In order for an adoption to take place, a person available to be adopted must be placed in the home of a person or persons eligible to adopt. All States, the District of Columbia, and the U.S. territories of American Samoa, Guam, Puerto Rico, the Northern Mariana Islands, and the Virgin Islands have laws that specify which persons are eligible as adopting parents and which persons can be adopted. In addition, most States, the District of Columbia, and the territories have laws that designate which persons or entities have the authority to make adoptive placements.

Who May Adopt

In general, any single adult or a husband and wife jointly can be eligible to adopt. In addition, a stepparent can adopt the birth child of his or her spouse.¹ In approximately² 17 States³ and the District of Columbia, there are no additional conditions specified. In some States, married persons may adopt singly if they are legally separated from their spouse or if their spouse is legally incompetent.

In approximately six States (Kentucky, Louisiana, Montana, New Jersey, Tennessee, and Washington), the age of adulthood for purposes of adoption is 18; three States (Colorado, Delaware, and Oklahoma) and American Samoa set the age at 21; and Georgia and Idaho specify age 25. A few States allow minors to adopt under certain circumstances, such as when the minor is the spouse of an adult adoptive parent, or when the minor is the unmarried birth parent of the child to be adopted.

In approximately six States (California, Georgia, Nevada, New Jersey, South Dakota, and Utah) and the Northern Mariana Islands, the adopting parents must be at least 10 years older than the person to be adopted. In Puerto Rico, the adopting parent must be at least 14 years older; in Idaho, the parent must be at least 15 years older.

Approximately 17 States⁴, Guam, the Northern Mariana Islands, Puerto Rico, and the Virgin Islands require that petitioners for adoption be State residents. The required period of residency ranges from 60 days to 1 year. There are exceptions to the residency requirement in some States. For example, in South Carolina and Indiana, a nonresident can adopt a special needs child; in Illinois, Mississippi, New Mexico, and Rhode Island, a nonresident may adopt through an agency.

Gay and Lesbian Adoption

The statutory laws in most States are largely silent on the issue of adoption by gay and lesbian persons. At this time, only two States, Florida and Mississippi, explicitly prohibit adoption by homosexuals in their statutes. Utah bars adoption by persons who are cohabiting but not legally married; this language could be interpreted to encompass gay and lesbian adoptions. In Connecticut, the sexual orientation of the prospective adoptive parent may be considered, notwithstanding provisions in the State's laws prohibiting discrimination based on sexual orientation.

Who May Be Adopted

All States, the District of Columbia, and the U.S. territories permit the adoption of a child. Three States (Colorado, Indiana, and Rhode Island), American Samoa, and the Northern Mariana Islands specify that the child must be under age 18. Four States (Connecticut, Delaware, Montana, and Wisconsin), American Samoa, and Guam specify in statute that the child must be legally free for adoption. Six States (Arizona, Colorado, South Carolina, Texas, Wisconsin, and Wyoming), American Samoa, and the Virgin Islands require that the child to be adopted must be present in the State at the time the petition is filed. Iowa requires that the child must have resided for a minimum period of 180 days in the home of the prospective adoptive parents.

Approximately 26 States⁵ and the District of Columbia allow the adoption of any person, regardless of age. Rhode Island, American Samoa, and the Northern Mariana Islands allow parties to petition the court for the adoption of persons over age 18 but under age 21. Nevada specifies that the adult to be adopted must be younger than the adoptive parent, and West Virginia allows a resident of that State to adopt an adult.

Alabama restricts adoption of adults to persons who are permanently and totally disabled or mentally retarded. Ohio allows adoption of an adult only when the person is permanently disabled, mentally retarded, or a stepchild or foster child with whom the relationship was established while the child was a minor. Idaho, Illinois, and South Dakota require that the adopting parent be in a sustained parental relationship for a specified period of time, ranging from 6 months to 2 years, with the adult to be adopted. Virginia allows the adoption of an adult stepchild, niece, or nephew, as long as the adopted person resided in the home for at least 3 months prior to reaching adulthood and is at least 15 years younger than the adopting parent.

Who May Place a Child for Adoption

In general, any person or entity who has the right of consent to a child may place that child for adoption. Such persons include the birth parents or the child's legal guardian or guardian ad litem; legal entities include State Departments of Social Services or child-placing agencies. All States (except Arkansas), the District of Columbia, and all the U.S. territories (excluding the Northern Mariana Islands) specifically designate which persons or entities hold the authority to make adoptive placements.

Most States allow "nonagency" placements of children for adoption, often referred to as "private" or "independent" adoption. One type of private adoption allowed in most States is the "direct placement" of a child by the birth parent with an adoptive family. Many States that allow direct placement have detailed statutory regulation in order to protect the interests of the parties to the adoption.

Approximately six States (Alaska, Delaware, Illinois, Indiana, Ohio, and West Virginia) require that all adoptive placements be made by the State Departments of Human or Social Services or child-placing agencies that are licensed by the State or meet certain standards. In four States (Florida, Kentucky, Minnesota, and Rhode Island), parents who wish to make private placements must first obtain permission from the Department or the court.

A few States allow the use of intermediaries in arranging private placements. These intermediaries are usually attorneys, and their activities, as well as the compensation they are allowed to accept, are strictly regulated. ⁶

To see how your State addresses this issue, visit the State Statutes Search (www.naic.acf.hhs.gov/general/legal/statutes/search/).

To find information on all of the States and territories, view the complete PDF, State Statutes Series 2004 Parties to an Adoption: Summary of State Laws (www.naic.acf.hhs.gov/general/legal/statutes/partiesall.pdf) (PDF - 530 KB).

¹ A parent can usually adopt a stepchild without the spouse (the birth parent) joining in the petition, as long as the spouse consents to the adoption.back
² The word approximately is used to stress the fact that the statutes are constantly being revised and updated. back
³ In Maryland, North Carolina, Pennsylvania, and Texas, any adult may adopt. In Alabama, Arizona, Hawaii, Kansas, Louisiana, Maine, Massachusetts, Michigan, Missouri, Nebraska, and Virginia, a single adult and married couples jointly may adopt. In Vermont, any adult and a parent's partner may adopt.back
⁴Arizona, Delaware, Georgia, Idaho, Illinois, Indiana, Kentucky, Minnesota, Mississippi, New Mexico, Oregon, Rhode Island, South Carolina, Tennessee, Virginia, Wisconsin, and Wyoming. back
⁵Alaska, Arkansas, Florida, Georgia, Hawaii, Kansas, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Montana, Nebraska, New Hampshire, New York, North Carolina, North Dakota, Oklahoma, Oregon, Pennsylvania, Tennessee, Utah, Vermont, Washington, and Wyoming. back
⁶For additional information about the use of intermediaries, see the NAIC publication Use of Advertising and Facilitators in Adoptive Placements on the NAIC website.back

The Statutes-at-a-Glance listings summarize specific sections of each State's code. While every attempt has been made to be as complete as possible, additional information on these topics may be in other sections of a State's code as well as in agency regulations, case law, and informal practices and procedures. Readers interested in interpretation of specific statutory provisions within an individual jurisdiction should consult with professionals within the State familiar with the statutes' implementation

© This information is from the National Adoption Information Clearinghouse.

Birth Father Statutes

Does State have a Putative Father Registry: No

Registry/Paternity Requirements to Receive Notice
Statute: § 25.23.100

• Putative father entitled to receive notice of adoption proceedings.
• A reasonable investigation is made to assure that all persons entitled to notice are located and given notice of the adoption proceedings.

Information Contained in Registry/Claim
Statute:

• Not addressed in statutes reviewed.

Revocation of Claim to Paternity
Statute:

• Not addressed in statutes reviewed.

Access to Information Maintained in Registry
Statute:

• Not addressed in statutes reviewed.

© This information is from the National Adoption Information Clearinghouse.

Adoption Expenses

Birth Parent Expenses Allowed Statute: § 25.23.090

1. Expenses incurred in connection with the birth of the child
2. Medical or hospital care received by the mother or minor during the mother's prenatal care and confinement
3. Services related to the adoption that were received by the petitioner or either natural parent or any other person

Birth Parent Expenses Not Allowed

Not addressed in statutes reviewed

Allowable Payments for Arranging Adoption

Not addressed in statutes reviewed

Allowable Payments for Relinquishing Child

Not addressed in statutes reviewed

Allowable Fees Charged by Department/Agency

Not addressed in statutes reviewed

Accounting of Expenses Required by Court Statute: § 25.23.090

1. The petitioner must file a full accounting report, in a manner acceptable to the court, of all disbursements of anything of value to be made in connection with the adoption.
2. The report is to be verified and signed by the petitioner.

© This information is from the National Adoption Information Clearinghouse.

International Expenses

Statutes Include Information on International Adoption: Yes

Effect of Foreign Adoption Decree:
Alaska Statutes § 25.23.160 (1997)

• Full effect and recognition given to decree as if it had been issued by an Alaska court.

Validation of Foreign Adoption:

• Not addressed in statutes reviewed.

© This information is from the National Adoption Information Clearinghouse.

General Adoption Statutes

Alaska

1. • Department of Health and Human Services
2. • Any other qualified agency or person designated by the court

Contents of Report About Person to be Adopted Statute: § 25.23.100(d) Conditions and antecedents of the adopted person

1. • Age at time of adopted person's birth
2. • National origin, ethnic background, Tribal membership
3. • Physical description
4. • Medical history
5. • Education completed
6. • Religion
7. • Existence of other children of the parents

Contents of Report About Adoptive Parents Statute: § 25.23.100(d) Suitability of parents and their home

© This information is from the National Adoption Information Clearinghouse.

If you are an adoption professional and have updated information for this portion of our site let us know by contacting us at 1-800-ADOPTION or e-mail us at editors@americanadoptions.com.