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Adoption
Adoption is a formal court proceeding that creates a parent-child
relationship between an adult and a child. In general, the adopting
parent is not the child's biological mother or father. The relationship
that is created has legal rights and legal duties, including child
support obligations, inheritance rights and custody rights. In a
step-parent adoption, the parent without legal custody loses his
or her parental rights.
Alaska requirements include that:
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The child is under age 18;
You are the child's stepparent (meaning you are married to
one of the biological parents of the child and you live in
the same household as that parent and the child);
Alaska courts have jurisdiction over the child in one of the
ways described in Alaska Statute 25.30.020 (i.e., the child
(a) must have lived in Alaska at least six months, and (b)
must currently live in Alaska or must have lived in Alaska
within six months before the adoption petition is filed);
The child is not an Indian child, as defined in the Indian
Child Welfare Act (ICWA); and
You can get written consent to the adoption from all the people
whose consent the law requires.
This includes:
a. your spouse, who is the child's biological
mother or father,
b. the child's other biological parent,
c. any other person or government agency
who is lawfully entitled to custody of the child or empowered
by law or court order to consent,
d. the child, if the child is age 10 or older,
and
e. the child's spouse, if the child is married.
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You will need to contact an attorney if the parent who will be giving up the child refuses to consent to the adoption. (Alaska Court and Adoption Packet)
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