AS § 25.23.060

 

AS § 25.23.060

West's Alaska Statutes Annotated Currentness
Title 25. Marital and Domestic Relations
 Chapter 23. Adoption

§ 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.

<Text of subsec. (c) effective until occurrence of condition>
 
(c) A consent executed under this section is effective as a power of attorney under AS 13.26.020.  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 13.26.020.  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).

<Text of subsec. (c) effective upon occurrence of condition.>
 
(c) A consent executed under this section is effective as a power of attorney under AS 13.26.020.  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 13.26.020.  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 for the Placement of Children).

CREDIT(S)

SLA 1974, ch. 84, § 1; SLA 1986, ch. 140, §§ 5, 6.  Amended by SLA 2008, ch. 93, § 1.

HISTORICAL  AND  STATUTORY  NOTES

SLA 2008, ch. 93, substituted "Interstate Compact for the Placement of Children" for "Interstate Compact on the Placement of Children" in subsec. (c).

SLA 2008, ch. 93, § 11, provides:

"CONDITIONAL EFFECT OF ACT;  COMMISSIONER'S DUTY TO NOTIFY.  (a) Sections 1--10 of this Act take effect only if at least 34 other states have ratified the Interstate Compact for the Placement of Children.

"(b) The commissioner of health and social services or the commissioner's designee shall notify the lieutenant governor and the revisor of statutes when at least 34 other states have ratified the Interstate Compact for the Placement of Children."

AS § 25.23.060, AK ST § 25.23.060

 Current through legislation effective June 3, 2010 passed during the  Second    
Regular Session the 26th Legislature.(2010)                                    

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