Petitions

(a) Petition for Adoption. adopt a child in state custody under AS 47.10 shall be heard either (A) as part of the child-in-need-of-aid proceeding; or (B) in the judicial district in which the petitioner resides if the petitioner provides notice to all of the parties to the child- in-need-of-aid proceedings and no party objects. (b) Petition for Termination of Parental Rights Based on Relinquishment. A petition for termination based on the voluntary relinquishment of parental rights pursuant to AS 25.23.180(b) must state, in addition to the information required by paragraph (a), that the parent has or intends to relinquish parental rights to the child. (c) Petition for Involuntary Termination. A petition for termination based on the involuntary termination of parental rights pursuant to AS 25.23.180(c)(1)(A), (1)(B), or (2) must state, in addition to the information required by paragraph (a), the specific statutory and factual basis of the claim that parental rights should be involuntarily terminated. (d) Relationship of Petitions to Terminate Parental AdptR Rights and to Adopt. (1) A petition to terminate parental rights under paragraph (b) or (c) of this rule may be combined with a petition for adoption. (2) In a petition for termination of parental rights under paragraph (b) or (c) of this rule filed before a petition for adoption, the term “petitioner” in AS 25.23.080(b)(4)–(6) will be interpreted to mean the person who will have custody of the child pending adoption. (SCO 972 effective January 15, 1990; amended by SCO 1568 effective October 15, 2005; by SCO 1650 effective October 15, 2007; by SCO 1886 effective January 1, 2017; by SCO 1939 nunc pro tunc September 13, 2018; and by SCO 1979 effective February 2, 2022) (1) An adoption petition must include the information required by AS 25.23.080 except as provided under (a)(4) of this rule. A separate petition must be filed for each person to be adopted. If the proceeding involves a minor, the petition must also state whether the minor to be adopted is an Indian child and whether any other court cases involving the minor are known to be pending. Note: Chapter 6, 4SSLA 2016 (HB 200) enacted changes to the procedures for adopting or becoming the guardian of a child in state custody. Sections 15 and 16 of the Act amended Adoption Rule 6(a), effective January 1, 2017, to incorporate and reference the new requirements for proceedings to adopt a child in state custody. This rule change is adopted for the sole reason that the legislature has mandated the amendment. (2) An adoption petition involving an Indian child must include a statement of petitioner’s compliance with the placement preferences provided by 25 U.S.C. Section 1915(a). The petition must state the identity of the child’s tribe, if known; whether the child is reasonably believed to be a resident or domiciliary of an Indian reservation as defined in 25 U.S.C. Section 1903(10); and whether the child is known to be a ward of a tribal court. Note: Chapter 24, SLA 2018 (SB 134) concerned actions for termination of parental rights. According to section 19(b) of the Act, AS AS 25.23.180(c), as amended by section 12 of the Act, and AS 25.23.180(o), enacted by section 17 of the Act, have the effect of amending Adoption Rules 1 and 6 by clarifying that a petition for involuntary termination of parental rights may be filed in a proceeding that is independent from an adoption or a proceeding under AS 47.10 and by restructuring AS 25.23.180(c), which eliminates AS 25.23.180(c)(3). (3) The report of expenditures required by AS 25.23.090 may be incorporated into the petition.