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AS § 25.23.060
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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.
(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).
(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).
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."
Regular
Session the 26th
Legislature.(2010)