Advertising with us can place you in front of thousands of visitors a day. Learn more!
- Alaska Statutes.
- Title 25. Marital and Domestic Relations
- Chapter 23. Adoption
- Section 100. Notice of Petition, Investigation and Hearing.
previous: Section 90
. Report of Petitioner's Expenditures.
next: Section 110
. Required Residence of Minor.
AS 25.23.100. Notice of Petition, Investigation and Hearing.
- (a) After the filing of a petition to adopt a minor, the court shall fix a time and place for hearing the petition. At
least 20 days before the date of hearing, the petitioner shall give notice of the filing of the petition and of the
time and place of hearing to (1) the department, unless the adoption is by a stepparent of the child; (2) any agency or
person whose consent to the adoption is required by this chapter, but who has not consented; and (3) a person whose
consent is dispensed with upon any ground mentioned in AS 25.23.050
(a)(1), (2), (3), (6), (7), (8) and (9), but who has not consented. The notice to the department shall be accompanied
by a copy of the petition.
- (b) Notice to persons specified in AS 25.23.050
must include a statement of the grounds under which consent to the adoption is not required. Notice given under this
section shall be adequate to give actual notice of the proceedings, taking into account education and language
differences that are known or reasonably ascertainable by the petitioner or the department. The notice of hearing must
contain all names by which the minor has been identified and must state in summary form the effect of a decree of
adoption. Notice shall be given in the manner appropriate under rules of civil procedure for the service of process in
a civil action in this state or in any manner the court by order directs. Notice by publication may not be given
unless, for compelling reasons, the court orders it to be given under the procedure established in Rule 4 of the Alaska
Rules of Civil Procedure. Proof of the giving of the notice shall be filed with the court before the petition is heard,
subject to the time limitations in (e) of this section.
- (c) A reasonable investigation shall be made by the department or the petitioner to assure that all persons listed in (a)
of this section are located and given notice of the proposed adoption. The investigation shall be conducted so that
the rights of all parties are protected, including but not limited to the right to privacy and the right to be
notified. An affidavit describing the investigation shall be filed with the court if all persons listed in (a) of this
section are not located.
- (d) Except as provided in (g) and (i) of this section, an investigation shall be made by the department or any other
qualified agency or person designated by the court to inquire into the conditions and antecedents of a minor sought to
be adopted and of the petitioner for the purpose of ascertaining whether the adoptive home is a suitable home for the
minor and whether the proposed adoption is in the best interest of the minor.
- (e) A written report of the investigation shall be filed with the court by the investigator before the petition is heard
so long as the report is filed within 30 days of the designation by the court of the department, agency or person to
make the investigation.
- (f) The report of the investigation must contain an evaluation of the placement with a recommendation as to the granting
of the petition for adoption and any other information the court requires regarding the petitioner or the minor.
- (g) Unless directed by the court, an investigation and report is not required in cases in which an agency is a party or
joins in the petition for adoption, a stepparent is the petitioner, the person to be adopted is within the fourth
degree of lineal or collateral consanguinity to the petitioner, or the person to be adopted is an adult. In other
cases, the court may waive the investigation only if it appears that waiver is in the best interest of the minor and
that the adoptive home and the minor are suited to each other. The department which is required to consent to the
adoption may give consent without making the investigation.
- (h) The department or the agency or persons designated by the court to make the required investigation may request other
departments or agencies within or outside of this state to make investigations of designated portions of the inquiry as
may be appropriate and to make a written report as a supplemental report to the court and shall make similar
investigations and reports on behalf of other agencies or persons designated by the courts of this state or another
- (i) After the filing of a petition to adopt an adult the court by order shall direct that a copy of the petition and a
notice of the time and place of the hearing be given to any person whose consent to the adoption is required, but who
has not consented. The court may order an appropriate investigation to assist it in determining whether the adoption
is in the best interest of the persons involved.
- (j) [Repealed, Sec. 22 ch 140 SLA 1986].
All content © 2008 by Touch
N' Go/Bright Solutions, Inc.
Note to HTML Version:
This version of the Alaska Statutes is current through December, 2007. The Alaska Statutes were automatically converted to HTML from a plain text format. Every effort has been made to ensure their accuracy, but this can not be guaranteed. If it is critical that the precise terms of the Alaska Statutes be known, it is recommended that more formal sources be consulted. For statutes adopted after the effective date of these statutes, see, Alaska State Legislature
If any errors are found, please e-mail Touch N' Go systems at E-mail. We
hope you find this information useful.