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2023 Alaska Statutes › Title 25. Marital and Domestic Relations › Chapter 05. Alaska Marriage Code › Article 5. Solemnization. › Sec. 25.05.301. Form of solemnization.

In the solemnization of marriage, no particular form is required except that the parties shall assent or declare in the presence of each other and the person solemnizing the marriage and in the presence of at least one competent witness that they take each other to be husband and wife. A person is competent to solemnize or witness a marriage if the person is of sound mind capable of understanding the seriousness of the ceremony. At the time of the ceremony, the person solemnizing the marriage shall complete the certification on the original marriage certificate. The person solemnizing the marriage and the attending witness shall sign the original marriage certificate and the necessary copies. The witness must be 18 years of age or older. The witness shall communicate with both parties before or after the ceremony, but before signing the original marriage certificate and the necessary copies, and confirm that each party intends to marry the other party. The marriage certificate must state that the person solemnizing the marriage and the witness have confirmed with both parties that they are entering the marriage intentionally and in the exercise of each party's own free will.
2023 Alaska Statutes › Title 25. Marital and Domestic Relations › Chapter 05. Alaska Marriage Code › Article 5. Solemnization. › Sec. 25.05.311. Marriage without solemnization.

A marriage contracted after January 1, 1964, is void unless the marriage has been solemnized as provided in this chapter. If the parties to a marriage void for failure to solemnize the marriage validate the marriage by complying with the requirements of this chapter, the issue of the void marriage are legitimate.
2023 Alaska Statutes › Title 25. Marital and Domestic Relations › Chapter 05. Alaska Marriage Code › Article 5. Solemnization. › Sec. 25.05.321. Marriage certificates.

(a) The person solemnizing the marriage shall, on the forms provided by the bureau, complete two short-form certificates and, after that person and the witness have signed them, give one to each of the parties to the marriage. A church or congregation may design and furnish its own form for this purpose, containing as a minimum the items contained in the form furnished by the bureau. The original marriage certificate shall be filed as required by AS 18.50 (Vital Statistics Act) and regulations adopted under it. The person solemnizing the marriage shall complete the certificate as required and submit it to the local registrar within seven days after the date the marriage is solemnized.
(b) The person solemnizing the marriage and the witness shall provide their printed names, mailing and electronic mail addresses, and telephone numbers on the forms provided by the bureau or by a church or congregation.
2023 Alaska Statutes › Title 25. Marital and Domestic Relations › Chapter 05. Alaska Marriage Code › Article 6. Penalties. › Sec. 25.05.331. Unlawful issuance or refusal of license.

A licensing officer who knowingly issues a marriage license knowing it to be in violation of the provisions of this chapter or who wilfully and wrongfully refuses to issue a license is guilty of a misdemeanor, and upon conviction is punishable by imprisonment for not more than six months, or by a fine of not more than $500, or by both.
2023 Alaska Statutes › Title 25. Marital and Domestic Relations › Chapter 05. Alaska Marriage Code › Article 6. Penalties. › Sec. 25.05.341. Misrepresentation.

A person who misrepresents a fact required to be stated on the application for a license or a form related to it, or a licensing officer who issues a marriage license having reason to believe that any material fact has been misrepresented, is guilty of a misdemeanor, and upon conviction is punishable by a fine of not more than $500.
2023 Alaska Statutes › Title 25. Marital and Domestic Relations › Chapter 05. Alaska Marriage Code › Article 6. Penalties. › Sec. 25.05.351. Violation concerning marriage license application.

A licensing officer who refuses or neglects to keep a complete record of each application and of each marriage license issued, or who fails to keep marriage license applications open for inspection or examination by the public during office hours is guilty of a misdemeanor and upon conviction is punishable by a fine of not more than $50. Each failure, neglect, or refusal constitutes a separate offense.
2023 Alaska Statutes › Title 25. Marital and Domestic Relations › Chapter 05. Alaska Marriage Code › Article 6. Penalties. › Sec. 25.05.361. Unlawful solemnization of marriage.

A person who solemnizes a marriage without first receiving a proper marriage license from the parties as provided in this chapter or without the parties declaring to take each other as husband and wife, or without requiring the presence of one competent witness; or who solemnizes a marriage involving a person under the legal age of marriage without the consent of (1) the licensing official when authorized, or (2) the parents or guardian of the underaged person, being stated in the license; or who solemnizes a marriage knowing of any legal impediment thereto, or who solemnizes a marriage after the expiration of the license, or who falsely certifies to the date of a marriage solemnized by that person is guilty of a misdemeanor, and upon conviction is punishable by imprisonment for not more than six months, or by a fine of not more than $500, or by both.
2023 Alaska Statutes › Title 25. Marital and Domestic Relations › Chapter 05. Alaska Marriage Code › Article 6. Penalties. › Sec. 25.05.371. Solemnization of marriage by unauthorized person.

A person not authorized by this chapter who wilfully or knowingly undertakes to solemnize a marriage in this state is guilty of a misdemeanor, and upon conviction is punishable by imprisonment for not more than one year, or by a fine of not more than $1,000, or by both.
2023 Alaska Statutes › Title 25. Marital and Domestic Relations › Chapter 05. Alaska Marriage Code › Article 7. General Provisions. › Sec. 25.05.381. Definitions.

In this chapter,
(1) “bureau” means the Bureau of Vital Statistics;
(2) “department” means the Department of Health;
(3) “licensing officer” means the registrar or a local registrar;
(4) “local registrar” means a person appointed by the state registrar under AS 18.50.080;
(5) “registrar” means the state registrar of vital statistics.
2023 Alaska Statutes › Title 25. Marital and Domestic Relations › Chapter 15. Husband and Wife › Sec. 25.15.010. Property of one spouse not subject to contracts or liabilities of other.

When property is owned by one spouse, the other has no interest that makes the property liable for the contracts or liabilities of the spouse who is not the owner of the property, except as provided in this chapter and AS 34.77.
2023 Alaska Statutes › Title 25. Marital and Domestic Relations › Chapter 15. Husband and Wife › Sec. 25.15.020. Actions between spouses respecting property.

Subject to AS 34.77, if one spouse obtains possession or control of property belonging to the other, either before or after marriage, the owner of the property may maintain an action for it, or for any right growing out of it, in the same manner and to the same extent as if they were unmarried.
2023 Alaska Statutes › Title 25. Marital and Domestic Relations › Chapter 15. Husband and Wife › Sec. 25.15.050. Nonliability for premarital or separate debts of other.

Subject to AS 34.77, neither spouse is liable for the debts or liabilities of the other incurred before marriage, and, except as otherwise provided, neither is liable for the separate debts of the other, nor is the rent or income of the property of one spouse liable for the separate debts of the other.
2023 Alaska Statutes › Title 25. Marital and Domestic Relations › Chapter 15. Husband and Wife › Sec. 25.15.060. Control and liability of separate property of spouse.

Subject to AS 34.77, the property and pecuniary rights of a married person at the time of marriage or afterwards that are acquired by gift, devise, or inheritance are not subject to the debts or contracts of the other spouse, and a spouse may manage, sell, convey, or devise the property and pecuniary rights that by will are separate property of that spouse.
2023 Alaska Statutes › Title 25. Marital and Domestic Relations › Chapter 15. Husband and Wife › Sec. 25.15.110. Laws imposing civil disabilities upon married persons repealed.

All laws that impose or recognize civil disabilities upon a married person that are not imposed or recognized as existing as to the other spouse are repealed. For any unjust usurpation of property or natural rights a married person has the same right to appeal individually to all courts for redress that the other spouse has.
2023 Alaska Statutes › Title 25. Marital and Domestic Relations › Chapter 20. Parent and Child › Sec. 25.20.025. Examination and treatment of minors.

(a) Except as prohibited under AS 18.16.010(a)(3),
(1) a minor who is living apart from the minor's parents or legal guardian and who is managing the minor's own financial affairs, regardless of the source or extent of income, may give consent for medical and dental services for the minor;
(2) a minor may give consent for medical and dental services if the parent or legal guardian of the minor cannot be contacted or, if contacted, is unwilling either to grant or withhold consent; however, where the parent or legal guardian cannot be contacted or, if contacted, is unwilling either to grant or to withhold consent, the provider of medical or dental services shall counsel the minor keeping in mind not only the valid interests of the minor but also the valid interests of the parent or guardian and the family unit as best the provider presumes them;
(3) a minor who is the parent of a child may give consent to medical and dental services for the minor or the child;
(4) a minor may give consent for diagnosis, prevention or treatment of pregnancy, and for diagnosis and treatment of venereal disease;
(5) the parent or guardian of the minor is relieved of all financial obligation to the provider of the service under this section.
(b) The consent of a minor who represents that the minor may give consent under this section is considered valid if the person rendering the medical or dental service relied in good faith upon the representations of the minor.
(c) Nothing in this section may be construed to remove liability of the person performing the examination or treatment for failure to meet the standards of care common throughout the health professions in the state or for intentional misconduct.
2023 Alaska Statutes › Title 25. Marital and Domestic Relations › Chapter 20. Parent and Child › Sec. 25.20.040. Maintenance and education of minor out of income of the minor's property.

If a minor who has a parent living has property from which income is sufficient for maintenance and education in a manner more expensive than the parent can reasonably afford, considering the situation of the parent's family and all the circumstances of the case, the expenses of the minor's maintenance and education may be defrayed out of the income of the property, in whole or in part, as judged reasonable by the court. The expenses may be allowed accordingly in the settlement of the accounts of the minor's guardian.
2023 Alaska Statutes › Title 25. Marital and Domestic Relations › Chapter 20. Parent and Child › Sec. 25.20.055. Early acknowledgement of paternity program.

(a) When a birth occurs to an unmarried woman in a hospital or en route to a hospital to which the woman is later admitted, the hospital shall ensure that a staff member
(1) meets with the woman before release from the hospital;
(2) attempts to meet with the father of the unmarried woman's child, if possible;
(3) presents to the mother and, if possible, the father, a pamphlet or statement regarding the rights and responsibilities of a natural parent; the Department of Health shall prepare this pamphlet and distribute copies of it to each hospital in the state, to each physician in the state whose practice includes attendance at births, to each certified nurse midwife and certified direct-entry midwife in the state, and to other interested persons in the state who request copies;
(4) provides to the mother and, if possible, the father, all forms, statements, or agreements necessary to voluntarily establish a parent and child relationship, including an acknowledgment of paternity form prepared under AS 18.50.165;
(5) on request of the mother and father, assists the father in completing specific forms, statements, or agreements necessary to establish a parent and child relationship between the father and the child; and
(6) on request of the mother and father, mails a completed voluntary acknowledgment of paternity form to the state registrar for filing under AS 18.50.165.
(b) When a birth occurs to an unmarried woman who is not in a hospital for the birth nor admitted to a hospital immediately after the birth, and the birth is attended by a physician, certified nurse midwife, or certified direct-entry midwife, the physician, certified nurse midwife, or certified direct-entry midwife shall perform the duties described in (a)(2) - (6) of this section or ensure that an agent performs those duties.
(c) When a birth occurs in a situation that is not covered by either (a) or (b) of this section, any adult may, upon request of the father and mother, assist them in filing a voluntary acknowledgement of paternity form with the state registrar under AS 18.50.165.
(d) Notwithstanding (a) of this section, the Department of Health may adopt regulations to establish exceptions for good cause that identify circumstances under which a hospital is not required to comply with (a) of this section. A hospital may be excused from complying with (a) of this section if the hospital meets those regulatory requirements.
2023 Alaska Statutes › Title 25. Marital and Domestic Relations › Chapter 20. Parent and Child › Sec. 25.20.060. Petition for award of child custody.

(a) If there is a dispute over child custody, either parent may petition the superior court for resolution of the matter under AS 25.20.060 - 25.20.130. The court shall award custody on the basis of the best interests of the child. In determining the best interests of the child, the court shall consider all relevant factors, including those factors enumerated in AS 25.24.150(c), and the presumption established in AS 25.24.150(g). In a custody determination under this section, the court shall provide for visitation by a grandparent or other person if that is in the best interests of the child.
(b) Neither parent, regardless of the question of the child's legitimacy, is entitled to preference in the awarding of custody.
(c) The court may award shared custody to both parents if shared custody is determined by the court to be in the best interests of the child. An award of shared custody shall assure that the child has frequent and continuing contact with each parent to the maximum extent possible.
(d) If the court finds that a parent or child is a victim of domestic violence, the court may order that the address and telephone number of the parent or child be kept confidential in the proceedings.
2023 Alaska Statutes › Title 25. Marital and Domestic Relations › Chapter 20. Parent and Child › Sec. 25.20.061. Visitation in proceedings involving domestic violence.

If visitation is awarded to a parent who has committed a crime involving domestic violence, against the other parent or a child of the two parents, within the five years preceding the award of visitation, the court may set conditions for the visitation, including
(1) the transfer of the child for visitation must occur in a protected setting;
(2) visitation shall be supervised by another person or agency and under specified conditions as ordered by the court;
(3) the perpetrator shall attend and complete, to the satisfaction of the court, a program for the rehabilitation of perpetrators of domestic violence that meets the standards set by the Department of Corrections under AS 44.28.020(b), or other counseling; the perpetrator shall be required to pay the costs of the program or other counseling;
(4) the perpetrator shall abstain from possession or consumption of alcohol or controlled substances during the visitation and for 24 hours before visitation;
(5) the perpetrator shall pay costs of supervised visitation as set by the court;
(6) the prohibition of overnight visitation;
(7) the perpetrator shall post a bond to the court for the return and safety of the child; and
(8) any other condition necessary for the safety of the child, the other parent, or other household member.
2023 Alaska Statutes › Title 25. Marital and Domestic Relations › Chapter 20. Parent and Child › Sec. 25.20.065. Visitation rights of grandparent.

(a) Except as provided in (b) of this section, a child's grandparent may petition the superior court for an order establishing reasonable rights of visitation between the grandparent and child if
(1) the grandparent has established or attempted to establish ongoing personal contact with the child; and
(2) visitation by the grandparent is in the child's best interest.
(b) After a decree or final order relating to child custody is entered under AS 25.20.060 or AS 25.24.150 or relating to an adoption under AS 25.23, a grandparent may petition under this section only if
(1) the grandparent did not request the court to grant visitation rights during the pendency of proceedings under AS 25.20.060, AS 25.23, or AS 25.24; or
(2) there has been a change in circumstances relating to the custodial parent or the minor child that justifies reconsideration of the grandparent's visitation rights.
(c) When determining whether to grant rights of visitation between a grandparent and grandchild under this section, AS 25.20.060, or AS 25.24, and when determining the terms and conditions to be attached to a right of grandparent visitation, the court shall consider whether there is a history of child abuse or domestic violence attributable to the grandparent's son or daughter who is a parent of the grandchild.
2023 Alaska Statutes › Title 25. Marital and Domestic Relations › Chapter 20. Parent and Child › Sec. 25.20.070. Temporary custody of the child.

Unless it is shown to be detrimental to the welfare of the child considering the factors under AS 25.24.150(c), or unless the presumption under AS 25.24.150(g) is present, the child shall have, to the greatest degree practical, equal access to both parents during the time that the court considers an award of custody under AS 25.20.060 - 25.20.130.
2023 Alaska Statutes › Title 25. Marital and Domestic Relations › Chapter 20. Parent and Child › Sec. 25.20.080. Mediation of child custody matter.

(a) Except as provided in (f) and (g) of this section, at any time within 30 days after a petition for child custody is filed under AS 25.20.060 the court may order the parties to submit to mediation. Each party has the right to challenge peremptorily one mediator appointed.
(b) Mediation shall be conducted informally as a conference, or by telephone, or series of conferences, as determined by the mediator. The parties to the action and a court-appointed representative of the minor children shall attend.
(c) If the mediator determines that mediation efforts are unsuccessful, the mediator shall terminate mediation and notify the court that mediation efforts have failed. The custody proceeding shall proceed in the usual manner.
(d) Upon submission of the parties to mediation under this section, a pending child custody proceeding shall be stayed for a period of 30 days or until the court is notified that mediation efforts have failed. All court orders made during the pending custody proceeding remain in effect during the period of mediation.
(e) Costs of mediation shall be paid as ordered by the court by one party, by both parties, or by the state if both parties are indigent.
(f) The court may not order or refer parties to mediation in a proceeding concerning custody or visitation of a child if a protective order issued or filed under AS 18.66.100 - 18.66.180 is in effect. The court may not order or refer parties to mediation if a party objects on the grounds that domestic violence has occurred between the parties unless the court finds that the conditions of (g)(1) - (3) of this section are met. If the court proposes or suggests mediation under this subsection,
(1) mediation may not occur unless the victim of the alleged domestic violence agrees to the mediation; and
(2) the court shall advise the parties that each party has the right to not agree to mediation and that the decision of each party will not bias other decisions of the court.
(g) A mediator who receives a referral or order from a court to conduct mediation under (a) of this section shall evaluate whether domestic violence has occurred between the parties. A mediator may not engage in mediation when either party has committed a crime involving domestic violence unless
(1) mediation is requested by the victim of the alleged domestic violence, or proposed by the court and agreed to by the victim;
(2) mediation is provided by a mediator who is trained in domestic violence in a manner that protects the safety of the victim and any household member, taking into account the results of an assessment of the potential danger posed by the perpetrator and the risk of harm to the victim; and
(3) the victim is permitted to have in attendance a person of the victim's choice, including an attorney.
2023 Alaska Statutes › Title 25. Marital and Domestic Relations › Chapter 20. Parent and Child › Sec. 25.20.090. Factors for consideration in awarding shared child custody.

In determining whether to award shared custody of a child the court shall consider
(1) the child's preference if the child is of sufficient age and capacity to form a preference;
(2) the needs of the child;
(3) the stability of the home environment likely to be offered by each parent;
(4) the education of the child;
(5) the advantages of keeping the child in the community where the child presently resides;
(6) the optimal time for the child to spend with each parent considering
(A) the actual time spent with each parent;
(B) the proximity of each parent to the other and to the school in which the child is enrolled;
(C) the feasibility of travel between the parents;
(D) special needs unique to the child that may be better met by one parent than the other;
(E) the willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child, except that the court may not consider this willingness and ability if one parent shows that the other parent has sexually assaulted or engaged in domestic violence against the parent or a child, and that a continuing relationship with the other parent will endanger the health or safety of either the parent or the child;
(7) any findings and recommendations of a neutral mediator;
(8) any evidence of domestic violence, child abuse, or child neglect in the proposed custodial household or a history of violence between the parents;
(9) evidence that substance abuse by either parent or other members of the household directly affects the emotional or physical well-being of the child;
(10) other factors the court considers pertinent.
2023 Alaska Statutes › Title 25. Marital and Domestic Relations › Chapter 20. Parent and Child › Sec. 25.20.115. Attorney fee awards in custody and visitation matters.

In an action to modify, vacate, or enforce that part of an order providing for custody of a child or visitation with a child, the court may, upon request of a party, award attorney fees and costs of the action. In awarding attorney fees and costs under this section, the court shall consider the relative financial resources of the parties and whether the parties have acted in good faith.
2023 Alaska Statutes › Title 25. Marital and Domestic Relations › Chapter 20. Parent and Child › Sec. 25.20.120. Closure of custody proceedings and records.

At any stage of a proceeding involving custody of a child the court may, if it is in the best interests of the child, close the proceeding to the public or order the court records closed to the public temporarily or permanently. The court may modify or vacate an order under this section at any time.
2023 Alaska Statutes › Title 25. Marital and Domestic Relations › Chapter 20. Parent and Child › Sec. 25.20.140. Action for failure to permit visitation with minor child.

(a) When a court order is specific as to when a custodian of a minor child must permit another person to have visitation with that child, and the custodian fails, wilfully and without just excuse, to permit visitation with the child in substantial conformance with the court order, the person entitled to visitation has a separate cause of action against the custodian for damages.
(b) The amount of damages recoverable under this section is $200 for each failure of the custodian, wilfully and without just excuse, to permit visitation with the child for substantially the length of time and substantially in the same manner as specified in the court order. This amount may not be increased or decreased once liability has been established. The custodian is not liable for more than one failure in respect to what is, under the court order, a single continuous period of visitation. The prevailing party in an action commenced under this section is entitled to recover a reasonable attorney fee.
(c) As used in this section,
(1) “court order” means a decree, judgment, or order issued by a court of competent jurisdiction;
(2) “custodian” means a natural person who has been awarded custody, either temporary or permanent, of a minor child;
(3) “just excuse” includes illness of the child which makes it dangerous to the health of the child for visitation to take place in conformance with the court order; “just excuse” does not include the wish of the child not to have visitation with the person entitled to it.
2023 Alaska Statutes › Title 25. Marital and Domestic Relations › Chapter 23. Adoption › Sec. 25.23.020. Who may adopt.

(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, and if
(A) the other spouse is a parent of the person to be adopted and consents to the adoption;
(B) the petitioner and the other spouse are legally separated;
(C) the person to be adopted is an adult and the other spouse consents to the adoption; or
(D) the failure of the other spouse to join in the petition or to agree to the adoption is excused by the court by reason of prolonged unexplained absence, unavailability, incapacity, or circumstances constituting an unreasonable withholding of consent.
(b) Nothing in this section affects legitimation under AS 25.20.050.
2023 Alaska Statutes › Title 25. Marital and Domestic Relations › Chapter 23. Adoption › Sec. 25.23.030. Venue.

(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 of the minor is located.
(b) If the court finds in the interest of substantial justice, under AS 22.10.040, that the adoption proceeding should be heard in another judicial district, the court may transfer, stay, or dismiss the proceeding in whole or in part on conditions that are just.
(c) Proceedings for the termination of parental rights on the grounds set out in AS 25.23.180(c)(2) shall be brought in the superior court for the district in which the child that is the subject of the action resides.
(d) The venue for an adoption proceeding for a child in state custody under AS 47.10 is the
(1) superior court where the child-in-need-of-aid proceeding is pending as provided under AS 47.10.111; or
(2) judicial district in which the petitioner resides if the petitioner provides notice to all of the parties to the child-in-need-of-aid proceeding and no party objects.
2023 Alaska Statutes › Title 25. Marital and Domestic Relations › Chapter 23. Adoption › Sec. 25.23.040. Persons required to consent to adoption.

(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 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 under the laws of the state;
(3) any person lawfully entitled to custody of the minor or empowered to consent;
(4) 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;
(5) the minor, if 10 years of age or older, unless the court in the best interest of the minor dispenses with the minor's consent; and
(6) the spouse of the minor to be adopted.
(b) A petition to adopt an adult may be granted only if written consent to adoption has been executed by the adult and the adult's spouse or by the guardian or conservator of an incapacitated adult.
2023 Alaska Statutes › Title 25. Marital and Domestic Relations › Chapter 23. Adoption › Sec. 25.23.050. Persons as to whom consent and notice not required.

(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 justifiable cause, including but not limited to indigency,
(A) to communicate meaningfully with the child; or
(B) to provide for the care and support of the child as required by law or judicial decree;
(3) the father of a minor if the father's consent is not required by AS 25.23.040(a)(2);
(4) a parent who has relinquished the right to consent under AS 25.23.180;
(5) a parent whose parental rights have been terminated by order of the court under AS 25.23.180(c)(2) or AS 47.10.080(c)(3);
(6) a parent judicially declared incompetent or mentally defective if the court dispenses with the parent's consent;
(7) a parent of the person to be adopted, if the person is 18 or more years of age;
(8) a guardian or custodian specified in AS 25.23.040(a)(3) or (4) 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; or
(9) the spouse of the person to be adopted, 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.
(b) Except as provided in AS 25.23.100, notice of a hearing on a petition for adoption need not be given to a person whose consent is not required or to a person whose consent or relinquishment has been filed with the petition.
2023 Alaska Statutes › Title 25. Marital and Domestic Relations › Chapter 23. Adoption › Sec. 25.23.060. Execution of consent; consent as power of attorney.

(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 the adoption has the right to withdraw that consent as provided in AS 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 25 U.S.C. 1901 - 1963 (Indian Child Welfare Act of 1978) apply.
(b) A consent that does not name or otherwise identify the adopting parent is valid if the consent is executed in the presence of the court or a person authorized to take acknowledgments and contains a statement by the person whose consent it is that the person consenting voluntarily executed the consent irrespective of disclosure of the name or other identification of the adopting parent.
(c) A consent executed under this section is effective as a power of attorney under AS 13.26.066. Unless the consent form provides otherwise, and regardless of whether the form names or identifies the adoptive parent, the consent delegates to the adoptive parent all powers that may be delegated under AS 13.26.066. The power of attorney takes effect when the child is delivered to the adoptive parent, and remains in effect as long as the consent is in effect; but the power of attorney is not effective beyond one year, unless the court extends it for good cause. The power of attorney does not terminate on the death or disability of the person executing the consent, unless the consent form so states. This subsection may not be construed to alter the requirements of AS 47.70 (the Interstate Compact on the Placement of Children).
2023 Alaska Statutes › Title 25. Marital and Domestic Relations › Chapter 23. Adoption › Sec. 25.23.070. Withdrawal of consent.

(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, or after the 10-day period, if the court finds, after notice and opportunity to be heard is afforded to petitioner, the person seeking the withdrawal, and the agency placing the child for adoption, that the withdrawal is in the best interest of the person to be adopted and the court orders the withdrawal.
2023 Alaska Statutes › Title 25. Marital and Domestic Relations › Chapter 23. Adoption › Sec. 25.23.080. Petition for adoption.

(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 placed for adoption by an agency, any name by which the child was previously known may not be disclosed in the petition or in the decree of adoption.
(b) A petition for adoption shall be signed and verified by the petitioner, filed with the clerk of the court, and state
(1) the date and place of birth of the person to be adopted, if known;
(2) the name to be used for the person to be adopted;
(3) the date of placement of the minor and the name of the person placing the minor;
(4) the full name, age, place, and duration of residence of the petitioner;
(5) the marital status of the petitioner, including the date and place of marriage, if married;
(6) that the petitioner has facilities and resources, including those available under a hard-to-place child subsidy agreement, suitable to provide for the nurture and care of the minor to be adopted, and that it is the desire of the petitioner to establish the relationship of parent and child with the person to be adopted;
(7) a description and estimate of value of any property of the person to be adopted; and
(8) the name of any person whose consent to the adoption is required, but who has not consented, and facts or circumstances that excuse the lack of the consent normally required to the adoption.
(c) A certified copy of the birth certificate or verification of the birth record of the person to be adopted, if available, the information specified in AS 25.23.185(a), if available, and the required consents, relinquishments, and termination orders shall be filed with the clerk.
(d) A petitioner petitioning to adopt a child in state custody under AS 47.10 shall file the petition for adoption in either the court where the child-in-need-of-aid proceedings are pending or the judicial district in which the petitioner resides, as required under AS 25.23.030(d) and AS 47.10.111.
2023 Alaska Statutes › Title 25. Marital and Domestic Relations › Chapter 23. Adoption › Sec. 25.23.090. Report of petitioner's expenditures.

(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 by or on behalf of the petitioner in connection with the adoption. The report must show any expenses incurred in connection with
(1) the birth of the minor;
(2) placement of the minor with petitioner;
(3) medical or hospital care received by the mother or by the minor during the mother's prenatal care and confinement; and
(4) services relating to the adoption or to the placement of the minor for adoption that were received by or on behalf of the petitioner, either natural parent of the minor, or any other person.
(b) This section does not apply to an adoption by a stepparent whose spouse is a natural or adoptive parent of the child.
(c) A report made under this section shall be signed and verified by the petitioner.
2023 Alaska Statutes › Title 25. Marital and Domestic Relations › Chapter 23. Adoption › Sec. 25.23.110. Required residence of minor.

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 the adoptive home. This observation or investigation is not required in proceedings where an investigation is not required under AS 25.23.100(g) and (i).
2023 Alaska Statutes › Title 25. Marital and Domestic Relations › Chapter 23. Adoption › Sec. 25.23.120. Hearing.

(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 circumstances affecting the granting of the petition.
(c) If at the conclusion of the hearing the court determines that the required consents have been obtained or excused and that the adoption is in the best interest of the person to be adopted, it may issue a final decree of adoption.
(d) If the requirements for a decree under (c) of this section have not been met, the court shall dismiss the petition and determine, in the best interests of the minor, the person including the petitioner to have custody of the minor.
2023 Alaska Statutes › Title 25. Marital and Domestic Relations › Chapter 23. Adoption › Sec. 25.23.125. Preference of minor to be adopted; guardian ad litem; protective orders.

(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 AS 25.24.310 for a minor who is to be adopted or for a minor whose parent is the subject of a petition to terminate parental rights under AS 25.23.180(c).
(c) The court may issue a protective order or other order that is in the best interest of a minor who is to be adopted.
2023 Alaska Statutes › Title 25. Marital and Domestic Relations › Chapter 23. Adoption › Sec. 25.23.127. Adult family member preference to adopt.

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 petition to adopt a child by an adult family member who has had physical custody of the child for at least 12 consecutive months before the parental rights to the child have been terminated. In this section, “adult family member” has the meaning given in AS 47.10.990.
2023 Alaska Statutes › Title 25. Marital and Domestic Relations › Chapter 23. Adoption › Sec. 25.23.140. Appeal and validation of adoption decree.

(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 decree may not be questioned by any person including the petitioner, in any manner upon any ground, including fraud, misrepresentation, failure to give any required notice, or lack of jurisdiction of the parties or of the subject matter, unless, in the case of the adoption of a minor the petitioner has not taken custody of the minor, or, in the case of the adoption of an adult, the adult had no knowledge of the decree within the one-year period.
(c) Subject to the disposition of an appeal, one year after a decree is issued terminating parental rights on grounds set out in AS 25.23.180(c)(2) , the order may not be challenged on any ground, including fraud, misrepresentation, failure to give notice, or lack of jurisdiction of the parties or of the subject matter.
2023 Alaska Statutes › Title 25. Marital and Domestic Relations › Chapter 23. Adoption › Sec. 25.23.150. Confidential nature of hearings and records in adoption proceedings.

(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 consent, and representatives of the agencies present to perform their official duties.
(b) The papers and records relating to an adoption or a termination of parental rights under AS 25.23.180(c)(2) that are a part of the permanent record of a court are subject to inspection only upon consent of the court. The papers and records relating to an adoption or a termination of parental rights under AS 25.23.180(c)(2) on file with the department, an agency, or an individual are subject to inspection only with consent of all interested persons or by order of a court for good cause shown. Except as provided in this section, adoption records of the Bureau of Vital Statistics are subject to inspection under the provisions of AS 18.50.
(c) Except as otherwise provided by law, or as authorized in writing by the adopted child, if 14 or more years of age, or by the adoptive parent, or upon order of the court for good cause shown, a person may not disclose the identity or address of an adoptive parent, an adopted child, a child who is the subject of a proceeding under AS 25.23.180(c)(2), or a biological parent whose parental rights have been terminated on grounds set out in AS 25.23.180(c)(2).
(d) The court may order the disclosure of a natural parent's identity or address only if
(1) the court makes an express finding that the disclosure is required because of a medical necessity or other extraordinary circumstance; and
(2) the natural parent unless the parent's parental rights have been terminated on grounds set out in AS 25.23.180(c)(2), the child, and the adoptive parents are afforded proper notice and a hearing; the court may waive the hearing and notice requirement if it finds there is a medical necessity that poses an immediate risk to life.
2023 Alaska Statutes › Title 25. Marital and Domestic Relations › Chapter 23. Adoption › Sec. 25.23.160. Recognition of foreign decree affecting adoption.

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 obligations of the parties as to matters within the jurisdiction of this state shall be determined as though the decree were issued by a court of this state.
2023 Alaska Statutes › Title 25. Marital and Domestic Relations › Chapter 23. Adoption › Sec. 25.23.170. Applications for birth certificates.

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 25.23.180(c)(2) the court may order the preparation of an application for a birth certificate in the name of the child without reference to the parent whose parental rights have been terminated. The clerk of the court shall forward the application
(1) for a person born in the United States, to the appropriate vital statistics office of the place, if known, where the adopted person was born and a copy of the decree to the department for statistical purposes; and
(2) for a person born outside the United States to the state registrar of vital statistics.
2023 Alaska Statutes › Title 25. Marital and Domestic Relations › Chapter 23. Adoption › Sec. 25.23.173. Indian child adoption reports.

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).
2023 Alaska Statutes › Title 25. Marital and Domestic Relations › Chapter 23. Adoption › Sec. 25.23.175. Findings concerning persons born outside the United States.

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 adopted person. The findings shall be certified by the court and included with the report of adoption filed with the state registrar of vital statistics under AS 18.50.210.
2023 Alaska Statutes › Title 25. Marital and Domestic Relations › Chapter 23. Adoption › Sec. 25.23.185. Records and information.

(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 unavailability, on forms provided by the department:
(1) the address of each parent named on the original birth certificate; and
(2) background information required under AS 18.50.510.
(b) Upon entry of a decree of adoption, the clerk of the court shall transmit to the Bureau of Vital Statistics the information provided under (a) of this section. The bureau shall attach the information to the original birth certificate of the adopted person.
(c) A child adoption agency licensed under former AS 47.35 and a child placement agency licensed under AS 47.32 shall maintain records of the information required to be furnished to the court under this section or under regulations of the commissioner implementing this section. If a child adoption agency or child placement agency ceases to place persons for adoption, it shall transfer its records to the commissioner.