Stepparent Adoption Petition Packet

ALASKA STEPPARENT ADOPTION — PETITION AND DECREE FILING PACKET

PART 1 — PRE-PETITION ELIGIBILITY AND CONSENT CHECKLIST

Adopting Stepparent (Petitioner): [________________________________]
Spouse (Custodial Birth/Legal Parent): [________________________________]
Date of Marriage: [__/__/____]
Child to be Adopted: [________________________________]
Child's Date of Birth: [__/__/____]
Judicial District / Court Location: [________________________________]

Eligibility Checklist (AS 25.23.020)

☐ The adopting stepparent is married to a parent of the child, and that spouse (the custodial parent) consents to the adoption (AS 25.23.020(a)(4)(A)).
☐ The adopting stepparent is an adult.
☐ The child currently resides with the petitioning stepparent and the custodial parent.
☐ Petitioner has investigated whether the child is an "Indian child" under 25 U.S.C. § 1903; ICWA inquiry is documented in Part 8.

Consent Checklist (AS 25.23.040)

☐ Consent of the custodial birth/legal parent (spouse of petitioner) — AS 25.23.040(a)(1) or (2).
☐ Consent of the non-custodial birth/legal parent — AS 25.23.040(a)(2) — OR a ground that consent is not required under AS 25.23.050 (see Part 5).
☐ Consent of the child, if the child is 10 years of age or older, unless the court in the best interest of the child dispenses with the minor's consent (AS 25.23.040(a)(5)).

Grounds to Dispense with Consent (AS 25.23.050)

Consent of the non-custodial parent is NOT required if (check any that apply):
☐ The parent has abandoned the child for a period of at least six (6) months (AS 25.23.050(a)(1)).
☐ The parent, for a period of at least one (1) year, has failed significantly without justifiable cause (including but not limited to indigency) to (A) communicate meaningfully with the child, OR (B) provide for the care and support of the child as required by law or judicial decree (AS 25.23.050(a)(2)).
☐ The father's consent is not required under AS 25.23.040(a)(2) (he was not married to the mother and has not legitimated the child).
☐ The parent has relinquished the right to consent under AS 25.23.180.
☐ The parent's parental rights have been terminated by court order (AS 25.23.050(a)(5)).
☐ The parent has been judicially declared incompetent and the court dispenses with consent.

Investigation / Home Study (AS 25.23.120)

The court will require an investigation and written report unless waived. In a stepparent adoption the court frequently waives or limits the investigation.
☐ Petitioner requests that the court waive or limit the investigation under AS 25.23.120 because this is a stepparent adoption.
☐ Petitioner consents to an investigation by the agency / person designated by the court.

PART 2 — PETITION FOR ADOPTION

IN THE SUPERIOR COURT FOR THE STATE OF ALASKA
[____] JUDICIAL DISTRICT AT [________________________________]

Case No.: [____________________]
PETITION FOR ADOPTION (STEPPARENT)
(AS 25.23.080)

Petitioner alleges:

1. Petitioner. Petitioner [STEPPARENT NAME] is an adult and resides at [________________________________]. Petitioner is married to [SPOUSE/BIRTH PARENT NAME], a legal parent of the adoptee. The marriage was solemnized on [__/__/____] and remains in full force.

2. Adoptee. The child to be adopted is [CHILD'S NAME], born [__/__/____] at [CITY, STATE/COUNTRY]. A certified copy of the birth certificate is attached as Exhibit B.

3. Residence and Custody. The child has resided continuously with Petitioner and the custodial parent at the above address since [__/__/____].

4. Custodial Parent. [SPOUSE/BIRTH PARENT NAME] is the custodial legal parent, has legal and physical custody of the child, and consents to this adoption (Part 3).

5. Non-Custodial Parent. The other birth/legal parent is:
   Name: [________________________________]
   Last Known Address: [________________________________]
   Relationship to Adoptee: [________________________________]

6. Consent or Grounds for Dispensing with Consent. Consent of the non-custodial parent ☐ HAS BEEN obtained (Exhibit D) ☐ Is NOT required under AS 25.23.050 because: [________________________________] (see Part 5).

7. Consent of Child. The adoptee ☐ is under age 10 (consent not required) ☐ is age 10 or older and consents (Exhibit E, AS 25.23.040(a)(5)) ☐ is age 10 or older and the court is requested to dispense with consent in the child's best interest.

8. Indian Child Welfare Act. Petitioner has inquired whether the adoptee is or may be an Indian child as defined by 25 U.S.C. § 1903. The adoptee ☐ IS NOT ☐ MAY BE an Indian child; if applicable, ICWA notice will be served (Part 8).

9. Best Interest. Adoption by the stepparent is in the best interest of the child. Petitioner intends to assume full parental rights and responsibilities, including support, custody, and inheritance.

WHEREFORE, Petitioner prays for an order:
(a) Granting the adoption of [CHILD'S NAME] by [STEPPARENT NAME];
(b) Establishing the legal parent-child relationship between the adoptee and Petitioner under AS 25.23.130;
(c) Terminating the parental rights of the non-custodial parent (if not previously terminated);
(d) Changing the child's name to [________________________________] (if requested);
(e) Directing issuance of an amended birth certificate (AS 18.50.210);
(f) For such other relief as the court deems just.

Dated: [__/__/____] Signed: [________________________________] Petitioner / Adopting Stepparent

VERIFICATION: I declare under penalty of perjury under the laws of the State of Alaska that the foregoing is true and correct. Executed at [CITY], Alaska, on [__/__/____].

Signed: [________________________________]

PART 3 — CONSENT OF CUSTODIAL BIRTH/LEGAL PARENT (AS 25.23.040; 25.23.060)

I, [________________________________], am the birth/legal parent of [CHILD'S NAME], born [__/__/____]. I am married to [STEPPARENT NAME]. I freely and voluntarily consent to the adoption of my child by my spouse. I understand my own parental rights are NOT terminated by this adoption and that I will continue as a legal parent of the child.

I acknowledge that I have received a copy of this consent form and have been advised of my right to withdraw consent as provided in AS 25.23.070(b).

Dated: [__/__/____] Signed: [________________________________]

Executed in the presence of the court or a person authorized to take acknowledgments (AS 25.23.060):
State of Alaska, [____] Judicial District
Acknowledged before me on [__/__/____] by [________________________________].
Judge / Notary / Officer: [________________________________]

PART 4 — CONSENT OF NON-CUSTODIAL BIRTH/LEGAL PARENT (AS 25.23.040; 25.23.060; 25.23.070)

I, [________________________________], am the birth/legal parent of [CHILD'S NAME], born [__/__/____]. I freely and voluntarily consent to the adoption of my child by [STEPPARENT NAME]. I understand and acknowledge:

☐ My parental rights and responsibilities will be permanently terminated upon entry of the Decree of Adoption (AS 25.23.130).
☐ I will no longer be entitled to custody, visitation, or notice of future proceedings.
☐ The child will no longer inherit from me by intestate succession (except as preserved by AS 25.23.130).
☐ I have the right to withdraw this consent within 10 days after it is given, by delivering written notice to the person who obtained it (AS 25.23.070(b)); a consent may not be withdrawn after entry of the decree.
☐ I state whether the child is a member of, or the biological child of a member of, an Indian tribe (AS 25.23.060): ☐ No ☐ Yes — Tribe: [________________________________].
☐ I have been advised of my right to consult independent counsel.

Dated: [__/__/____] Signed: [________________________________]

Executed before the court or an officer authorized to take acknowledgments (AS 25.23.060):
Judge / Notary / Officer: [________________________________] Date: [__/__/____]

PART 5 — PETITION/ALLEGATION TO DISPENSE WITH CONSENT OF NON-CONSENTING PARENT (AS 25.23.050)

Petitioner alleges that the consent of [NON-CUSTODIAL PARENT NAME] is NOT required because (check and state facts):

☐ Abandonment — AS 25.23.050(a)(1). The parent has abandoned the child for a period of at least six (6) months. Facts:
[____________________________________________________________]
[____________________________________________________________]

☐ Failure to communicate or support — AS 25.23.050(a)(2). For a period of at least one (1) year, the parent has failed significantly, without justifiable cause, to communicate meaningfully with the child and/or to provide for the care and support of the child as required by law or judicial decree. Facts:
[____________________________________________________________]
[____________________________________________________________]

☐ Father's consent not required — AS 25.23.040(a)(2) (not married to mother; child not legitimated).

☐ Prior termination / relinquishment — AS 25.23.050(a)(4)–(5).

WHEREFORE, Petitioner prays for an order finding that the consent of [NON-CUSTODIAL PARENT NAME] is not required under AS 25.23.050 and that notice of the hearing need not be given (AS 25.23.050(b); 25.23.100).

Dated: [__/__/____] Signed: [________________________________]

PART 6 — CONSENT OF CHILD (AS 25.23.040(a)(5))

(Required if the child is 10 years of age or older, unless dispensed with by the court.)

I, [CHILD'S NAME], born [__/__/____], am the proposed adoptee and am [____] years of age. I have been told about this adoption and I freely consent to my adoption by [STEPPARENT NAME].

I understand that after the adoption:
☐ [STEPPARENT NAME] will be my legal parent with all rights and responsibilities of a parent.
☐ My non-custodial birth/legal parent ([________________________________]) will no longer be my legal parent.
☐ My name ☐ will remain ☐ will change to [________________________________].

Dated: [__/__/____] Signed: [________________________________]

Acknowledged before: ☐ Judge of the Superior Court ☐ Court Investigator
[________________________________] Date: [__/__/____]

PART 7 — REQUEST CONCERNING INVESTIGATION / HOME STUDY (AS 25.23.120)

Petitioner acknowledges the court may order an investigation and written report concerning the adoption. In a stepparent adoption the court may waive or limit the investigation. Petitioner requests (check one):

☐ That the court waive the investigation under AS 25.23.120 because the petitioner is the spouse of the custodial parent.
☐ That the investigation be conducted by [________________________________] (agency / individual designated by the court), with Petitioner cooperating in all interviews and records requests.

Dated: [__/__/____] Signed: [________________________________]

PART 8 — INDIAN CHILD WELFARE ACT INQUIRY (25 U.S.C. §§ 1901–1963; AS 25.23.160)

Petitioner and the custodial parent have made inquiry of all known parents and relatives. The adoptee:

☐ Is NOT an Indian child to the best of Petitioner's knowledge.
☐ IS or MAY BE an Indian child. Tribe(s): [________________________________]. Notice under 25 U.S.C. § 1912 will be served on the tribe(s), the parents, and (if the tribe is unknown) the U.S. Secretary of the Interior / Bureau of Indian Affairs.

Dated: [__/__/____] Signed: [________________________________]

PART 9 — DECREE OF ADOPTION (Proposed) (AS 25.23.130)

IN THE SUPERIOR COURT FOR THE STATE OF ALASKA, [____] JUDICIAL DISTRICT AT [________________________________]

Case No.: [____________________]
DECREE OF ADOPTION

The petition for adoption having come on for hearing on [__/__/____] before the Honorable [________________________________]; the court having reviewed the consents (or grounds dispensing with consent), the investigative report (if ordered), and all evidence; and having determined that the Indian Child Welfare Act ☐ does not apply ☐ has been complied with;

THE COURT FINDS:

1. The court has jurisdiction over the parties and subject matter (AS 25.23.030).
2. All required consents have been obtained, or the consent of [NON-CUSTODIAL PARENT NAME] is not required under AS 25.23.050.
3. The adoption is in the best interest of the child.
4. The petitioner is a fit and proper person to adopt the child.

IT IS ORDERED, ADJUDGED, AND DECREED:

1. The petition is GRANTED.
2. From this date forward, [CHILD'S NAME] is the legal child of [STEPPARENT NAME], with all rights and duties of the parent-child relationship under AS 25.23.130.
3. The parental rights and duties of [NON-CUSTODIAL PARENT NAME] are TERMINATED (if not previously terminated).
4. The child's name is changed to [________________________________] (if requested).
5. The clerk shall prepare the report of adoption and transmit it to the Bureau of Vital Statistics for issuance of an amended certificate of birth (AS 18.50.210).

Dated: [__/__/____] _____________________________________
Judge of the Superior Court

PART 10 — REPORT OF ADOPTION / AMENDED BIRTH CERTIFICATE (AS 18.50.210)

Upon entry of the Decree, Petitioner requests issuance of an amended Alaska certificate of birth listing:

Adoptee's New Legal Name: [________________________________]
Parent #1: [________________________________] DOB: [__/__/____] Birthplace: [________________________________]
Parent #2 (Adopting Stepparent): [________________________________] DOB: [__/__/____] Birthplace: [________________________________]
City/County of Birth (as on original): [________________________________]

The clerk is requested to transmit a certified report of the adoption and the applicable fee to the Alaska Bureau of Vital Statistics, Department of Health.

Dated: [__/__/____] Signed: [________________________________]

PART 11 — EXHIBIT INDEX

SOURCES AND REFERENCES

• Alaska Statutes Title 25, Chapter 23 (Adoption): https://www.akleg.gov/basis/statutes.asp#25.23
• AS 25.23.040 (Persons required to consent): https://law.justia.com/codes/alaska/title-25/chapter-23/section-25-23-040/
• AS 25.23.050 (Persons as to whom consent and notice not required): https://law.justia.com/codes/alaska/title-25/chapter-23/section-25-23-050/
• AS 18.50.210 (Court reports of adoption / amended birth certificate)
• Alaska Court System Adoption Rules and Forms: https://courts.alaska.gov/forms/index.htm
• Indian Child Welfare Act, 25 U.S.C. §§ 1901–1963

DISCLAIMER: This template is provided for informational purposes only and does not constitute legal advice. Stepparent adoption permanently terminates the legal rights of a biological parent. Consult a licensed Alaska attorney before filing.