Title—Scope—Construction—Situations

Not Covered by the Rules. (a) Title. These rules will be known and cited as the Adoption Rules. (b) Scope. These rules govern practice and procedure in the trial courts in all phases of adoption proceedings brought under AS 25.23.010 through 25.23.240. (c) Construction. These rules will be construed and applied the to promote fairness, accurate fact-finding, expeditious determination of adoption proceedings, and the best interests of the child. to Alaska (d) Legal Effect of Rules. These rules are promulgated pursuant authority granting constitutional rulemaking power to the Alaska Supreme Court. To the extent that the rules are inconsistent with a procedural provision of any Alaska statute not validly enacted for the specific purpose of changing a rule, these rules supersede the statute. (e) Civil and Evidence Rules Applicable. The Alaska Civil and Evidence Rules apply to adoption proceedings except to the extent that any provisions of the Civil or Evidence Rules conflict with the Adoption Rules. The provisions of Civil Rule 100 apply to adoption proceedings. (f) Application of the Indian Child Welfare Act and Regulations. In all cases involving an Indian child, the statutory provisions of 25 U.S.C. 1901 et seq., and the ICWA regulations at 25 CFR Part 23, published at 81 Fed. Reg. 38778 (June 14, 2016) and effective December 12, 2016, shall apply. (g) Situations Not Covered by the Rules. Where no specific procedure is prescribed by these rules, the court may proceed in any lawful manner, including application of relevant statutes, the Alaska and United States Constitutions or common law. Such a procedure may not be inconsistent with these rules and may not unduly delay or otherwise interfere the unique character and purpose of adoption with proceedings. (SCO 972 effective January 15, 1990; amended by SCO 1469 effective October 15, 2002; by SCO 1897 effective December 12, 2016; and by SCO 1939 nunc pro tunc September 13, 2018.) 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).