Section 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.

Authorities

25.23.050;25.23.127

Notes

Recent Bills that will modify this

HB 15 MARRIAGE & SPOUSES
HB 342 MARRIAGE & SPOUSES

References

7 AAC 56.330
AS 25.23.050 Persons as to whom consent and notice not required.
AS 25.23.127 Adult family member preference to adopt.

History

(Sec. 1 ch 84 SLA 1974; am Sec. 40 ch 50 SLA 1989)