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Alaska Adoption Law

What Birth Mothers, Adoptive Families and Adoptees Need to Know

Confused about Alaska’s adoption laws? You’re not alone.

Whether you are planning to place a child for adoption or grow your family through adoption, understanding the legal process is an essential first step.

Below, we will walk you through the key legal questions surrounding adoption in Alaska. If you are ready to move forward, you can contact our adoption specialists to get personalized guidance today.

For Birth Mothers: Your Legal Rights

Can I choose adoption for my baby?

Yes. In Alaska, expectant parents have the legal right to choose adoption for their child. That choice becomes legally binding after you sign a consent form and a judge approves it.

Relevant Law: Alaska Stat. § 25.23.040

When can I give my baby up for adoption?

You can place your baby for adoption any time after birth. There is no required waiting period before signing, but you should be physically recovered and emotionally ready to make this decision.

Relevant Law: Alaska Stat. § 25.23.060

Can I get my baby back after adoption?

Yes. In Alaska, you have 10 days after signing the consent form to revoke it. After that period, your consent is final unless a court determines that revoking it is in the best interest of the child.

Relevant Law: Alaska Stat. § 25.23.070

Can you do adoption without the father's consent?

Sometimes, yes. A father must usually consent if he was married to the mother during or after conception, has legally adopted the child or has established legal paternity. However, a birth father’s consent is not required if he has abandoned the child, failed to support or communicate with the child, legally relinquished his rights or the court has terminated his rights due to unfitness or absence.

Relevant Laws: Alaska Stat. § 25.23.040, § 25.23.050

Do both birth parents have to sign adoption papers in Alaska?

Yes. Both the birth mother and legal father must sign the adoption papers for the adoption to proceed. However, consent from only one parent may be sufficient if the other parent is deceased, has had their rights terminated, cannot be located after reasonable effort or is found by the court to be unreasonably withholding consent.

Relevant Laws: Alaska Stat. § 25.23.040, § 25.23.050

Can I get paid for adoption?

No. You cannot receive payment for placing a child for adoption. However, you can receive financial assistance for adoption-related expenses, including:

  • Prenatal medical care and childbirth costs

  • Counseling services during and after pregnancy

  • Reasonable living expenses such as rent, utilities and transportation

  • Legal expenses related to the adoption process

All expenses must be disclosed to the court and approved.

Relevant Law: Alaska Stat. § 25.23.090

Can you choose who adopts your baby?

Yes. You have the legal right to choose the adoptive family. If you work with our agency, we will provide you with access to a wide range of family profiles so you can select a family based on your personal preferences.

Relevant Law: Alaska Stat. § 25.23.020

Can people from a different state adopt my baby?

Yes. Families from other states can adopt a child from Alaska as long as both Alaska and the other state approve the placement through the Interstate Compact on the Placement of Children (ICPC). This ensures that all placements across state lines meet legal and safety standards.

Relevant Law: Alaska Stat. § 47.70.010

Can I give my baby up for adoption without any agency?

Yes. Alaska law allows for independent adoptions. The legal process remains the same: You must provide valid consent, and the adoptive parents must file an adoption petition with the court.

Relevant Laws: Alaska Stat. § 25.23.040, § 25.23.060, § 25.23.100

Can my spouse adopt my child?

Yes. In Alaska, a stepparent can legally adopt their spouse’s child. This usually requires the consent of the other biological parent, unless that parent’s rights have been terminated or they fail to meet the legal criteria for consent.

Relevant Laws: Alaska Stat. § 25.23.020, § 25.23.040

Can my family adopt my baby?

Yes. Alaska law permits relative adoptions, where a grandparent, aunt, uncle or other qualified family member adopts the child. This still requires legal consent and court approval to ensure the adoption serves the child’s best interest.

Relevant Laws: Alaska Stat. § 25.23.020, § 25.23.040

Can you anonymously put a baby up for adoption?

Mostly, yes. While you must disclose your identity to the court and your legal representative, you do not have to share identifying information with the adoptive family or your child. Private adoption can provide a high degree of confidentiality.

Relevant Law: Alaska Stat. § 25.23.060

Can I have contact with my child after the adoption?

Yes. If you and the adoptive parents agree to an open adoption in Alaska, you can maintain contact through a court-approved post-adoption contact agreement. These agreements are legally enforceable and can include phone calls, texts, video chats and/or in-person visits.

Relevant Law: Alaska Stat. § 25.23.130

How does tribal adoption work for Native American children?

If the child is a member or eligible member of a federally recognized tribe, the Indian Child Welfare Act (ICWA) applies. This federal law requires tribal notification, placement preferences with relatives or tribal members and allows the tribe to intervene in the adoption process.

Relevant Law: Alaska Stat. § 25.23.060

Can I drop my baby off at a fire station?

Yes. Under Alaska’s Safe Haven Law, a parent may safely surrender a newborn (21 days old or younger) to a firefighter, peace officer, hospital worker or EMS provider. You are not required to provide identifying information, and no legal action will be taken against you.

Relevant Law: Alaska Stat. § 47.10.013

What rights do biological parents have after adoption?

After the adoption is finalized, biological parents have no legal rights or responsibilities.

However, if you chose to have an open adoption, you can still build a relationship with your child and their adoptive family.

Relevant Law: Alaska Stat. § 25.23.130

For Adoptive Families: Starting Your Family with Confidence

Do you have to be married to adopt in Alaska?

No. Both single adults and married couples are legally allowed to adopt in Alaska. However, unmarried couples cannot adopt jointly. In cases where an unmarried couple wants to adopt, only one person may be legally recognized as the adoptive parent.

Relevant Law: Alaska Stat. § 25.23.020

How old do you have to be to adopt a baby?

You must be at least 18 years old to adopt a baby in Alaska. There is no specified maximum age limit for adoptive parents under state law.

Relevant Law: Alaska Stat. § 25.23.020

Do you need a home study for a private adoption in Alaska?

Yes. A home study is required in Alaska unless the court waives it in specific cases, such as stepparent adoptions. The home study evaluates your readiness to adopt and ensures the child will be placed in a safe, stable home.

Relevant Law: Alaska Stat. § 25.23.100

Do you need a home study for an independent adoption?

Yes. Independent adoptions still require a full home study. A licensed professional approved by the court will conduct a thorough evaluation of your home environment, background, lifestyle and preparedness to adopt.

Relevant Law: Alaska Stat. § 25.23.100

Can you adopt without an agency?

Yes. Alaska law permits independent adoption as long as all legal requirements are met. You must still be eligible to adopt, complete a court-approved home study and file a full accounting of all adoption-related expenses.

Relevant Laws: Alaska Stat. § 25.23.020, § 25.23.100, § 25.23.090

What are the steps to adopt?

The legal steps to adopt a baby in Alaska are as follows:

  1. Complete a home study through a licensed provider.

  2. Obtain consent from all required parties and file an adoption petition with the court.

  3. Attend the court hearing, where a judge will review all documentation.

  4. Receive the final decree of adoption, which legally finalizes the adoption.

Relevant Laws: Alaska Stat. § 25.23.060, § 25.23.100, § 25.23.120

Can you adopt a child from another state?

Yes. You can adopt a child from another state under the ICPC. This law requires that both Alaska and the sending state approve the placement to ensure that all legal and safety standards are met.

Relevant Law: Alaska Stat. § 47.70.010

Can we advertise for a birth mother?

Yes. Alaska law does not prohibit adoptive families from advertising to connect with an expectant mother. However, any communication must avoid promises of payment or coercion.

Relevant Law: Alaska Stat. § 25.23.090

Can a birth father stop an adoption?

Yes. If the birth father’s consent is required under Alaska law and he does not agree to the adoption, the adoption cannot move forward without further court involvement. If the father is uninvolved, has not established legal rights or is deemed unfit, the court may waive the need for his consent and allow the adoption to proceed.

Relevant Laws: Alaska Stat. § 25.23.040, § 25.23.050

What if the birth parents don't sign adoption papers?

If birth parents do not sign the adoption consent forms, the court may still proceed if it finds that their consent is not legally required or if their parental rights have been terminated. This can occur if the court determines the parents have abandoned the child, are unfit to parent or are placing the child at risk of harm.

Relevant Law: Alaska Stat. § 25.23.180

When is an adoption finalized in Alaska?

An adoption is finalized in Alaska when the court issues a final decree of adoption. This usually happens after the adoptive parents complete the post-placement requirements and attend a court hearing.

Relevant Law: Alaska Stat. § 25.23.130

Can birth mothers change their mind?

Yes. A birth mother in Alaska has 10 days after signing the consent to revoke it. If she wishes to change her mind after that period, she would need to petition the court, which must then determine whether revocation is in the child’s best interest.

Relevant Law: Alaska Stat. § 25.23.070

Are adoptive parents on the birth certificate in Alaska?

Yes. After an adoption is finalized, the Alaska Bureau of Vital Statistics can issue a new birth certificate naming the adoptive parents as the legal parents. If requested, the child’s name may also be changed on the new certificate.

Relevant Law: Alaska Stat. § 25.23.130

What rights do adoptive parents have after adoption?

Once the adoption is finalized, adoptive parents have full legal rights and responsibilities, just like biological parents. This includes making all decisions about the child’s education, health and welfare.

Relevant Law: Alaska Stat. § 25.23.130

Are open adoptions legally binding in Alaska?

Yes. In Alaska, if a post-adoption contact agreement is included in the adoption decree and approved by the court, it is legally enforceable. These agreements outline the terms of ongoing contact between the birth family and the adoptive family.

Relevant Law: Alaska Stat. § 25.23.130

Does ICWA apply to private adoptions in Alaska?

Yes. The ICWA applies to all adoptions involving a child who is a member or eligible member of a federally recognized tribe. The court must notify the tribe and follow placement preferences specified under federal law.

Relevant Law: Alaska Stat. § 25.23.060

What support is available after adoption?

Post-adoption support services in Alaska may include counseling and adoption assistance for children with special needs. If you adopt through an agency, additional resources may be available, including guidance on maintaining post-adoption contact and accessing your child’s adoption records.

More information: https://www.americanadoptions.com/adopt/post-adoption-support-services

For Adoptees

If you were adopted through our agency, we can help you access your adoption records. Our team is here to offer support to help you navigate this important part of your adoption story.

If your adoption was handled by a different agency, you can learn more about your rights as an adoptee.

What’s Next?

Understanding adoption law can feel overwhelming, but you don’t have to navigate it alone. Our licensed specialists are here to make your journey seamless and legally secure.

Contact us today to get personalized guidance on your Alaska adoption.

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