Section 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 25.23.060. 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 25.23.060. 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).

Authorities

25.23.060;47.10.111

Notes

Recent Bills that will modify this

HB 201 PARENT-GUARDIAN/CHILD:TEMP. POWER OF ATTY
SB 180 PARENT-GUARDIAN/CHILD:TEMP. POWER OF ATTY

References

AS 25.23.060 Execution of consent; consent as power of attorney.
AS 47.10.111 Petition for adoption or guardianship of a child in state custody. [Effective January 1, 2017]..

History

(Sec. 1 ch 84 SLA 1974; am Sec. 5, 6 ch 140 SLA 1986; am Sec. 3, 4 ch 28 SLA 2016)