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Rule 9. Consents-Relinquishments.
(a) Form. A consent or relinquishment must be in writing and must include:
(1) notice of the person's right to withdraw the consent or relinquishment as provided by paragraphs (g) and (h) of this rule;
(2) the address and telephone number of the court in which the adoption or relinquishment proceeding has or is expected to be filed;
(3) a statement of the right to counsel as stated in Rule 8;
(4) a statement concerning whether or not any visitation rights are sought to be retained after the adoption;
(5) if a consent, the information required in AS 25.23.060; and
(6) if signed by a parent, a statement of whether the parent is a minor.
(b) Consent or Relinquishment Involving an Indian Child. A consent or relinquishment involving an Indian child must be signed in a hearing in the presence of a judge unless the consent is by an agency. In addition to the explanations required by paragraph (d), the court shall inquire as to what efforts have been made to comply with the placement preferences of 25 U.S.C. Section 1915(a). Consent for adoption or relinquishment of parental rights of an Indian child may not be given prior to or within ten days following the birth of the child.
(c) Consent By a Minor. (1) A consent by a minor child over the age of 10 to the child's adoption must be signed in writing and must be in the presence of the court unless the court in the best interest of the minor dispenses with the minor's consent or the requirement that the child consent in court.
(2) A consent by a parent who is a minor to an adoption of the parent's child must be signed in the presence of the court.
(d) Consent or Relinquishment Before the Court. If a consent or relinquishment is to be signed in the presence of the court, the judge shall first determine that the terms and consequences of the document were explained in detail to the person in a language that the person understands. The court also must determine that the person understands these terms and consequences, and that the person voluntarily signs the consent or relinquishment. If the identity or whereabouts of the other parent is in question, the court shall inquire into these matters.
(e) Consents or Relinquishments Not Before the Court. A consent or relinquishment to an adoption not taken in the presence of a judge must comply with AS 25.23.060. A relinquishment not taken in the presence of a judge must comply with AS 25.23.180(b).
(f) Consent or Relinquishment Before Special Master. A consent or relinquishment required to be taken in the presence of a judge must be taken in the physical presence of a judge. However, in exceptional circumstances the judge assigned to hear the entire proceeding may request that the presiding judge appoint a peace officer or person authorized to administer oaths or affirmations as a special master under Adoption Rule 3 for the limited purpose of sitting as the judge in whose physical presence the person gives the consent or relinquishment. The judge assigned to hear the entire proceeding must be telephonically present when the consent or relinquishment is taken. Both the special master and the judge assigned to hear the entire proceeding must make oral or written findings concerning the identity of the person signing the consent or relinquishment, whether the person understood the consent or relinquishment, and whether the person signed voluntarily. The requirements of paragraph (c) also must be met.
(g) Withdrawal of Consent or Relinquishment of a Non-Indian Child. The parent of a non-Indian child may withdraw a consent or relinquishment by notifying in writing the court, or the person or agency obtaining the consent or relinquishment, within 10 days of the birth or signing of the consent or relinquishment, whichever is later. Notification is timely if received or postmarked on or before the last day of this time period. The parent may move the court to permit withdrawal of the consent or relinquishment after the 10 day period pursuant to AS 25.23.070 for a consent or AS 25.23.180(g) for a relinquishment.
(h) Withdrawal of Consent or Relinquishment of an Indian Child. The parent of an Indian child may withdraw a consent or relinquishment by notifying in writing the court or the person or agency obtaining the consent or relinquishment at any time before the signing of the decree of adoption for a consent or the order of termination for a relinquishment. Notification is timely if received or postmarked on or before the last day of this time period. A decree of adoption or order of termination may not be signed until 10 days have passed since the signing of the consent or relinquishment.
(SCO 972 effective January 15, 1990)
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Copyright 1995-1999 by Touch N' Go Systems, Inc. All rights reserved. No copyright claim is made to the text of the rules.
Last Modified 7/14/1999
