(Revision. 10/24/05)
AS 25.23.180 Relinquishment and Termination of Parent and Child Relationships,
AS 25.23.130(c) Effect of Adoption Decree,
AS 47.10.089 Voluntary Relinquishment of Parental Rights and Responsibilities,
25 U.S.C. 1913 (a) & (c), 1915 (P. L. 95-608, Sec. 103(a)(c),
Sec. l05 (a)(c)(d)(e); Indian Child Welfare Act of 1978).AS 47.10.
To provide guidelines for the voluntary relinquishment by a parent.
All relinquishments must be executed in writing and take place either before a judge with the knowledge and approval of the department, or in the presence of the attorney who represents the parent or in the presence of the Protective Services Specialist (PSS) and another witness to which the parent agrees. For parents of children who are covered by the ICWA, the OCS will ensure that the requirements of the ICWA have been met, and no written relinquishments signed outside the presence of the judge will be accepted.
The child’s adoption team will assess the plan of relinquishment, and explore alternatives to relinquishment and the legal ramifications of relinquishment with parents.
Dicuss the parent's wishes regarding the placement of their child. A written affidavit of the parent's wishes for placement of their child may be signed at the relinquishment hearing and filed with the court. Adult family members must be considered as the first option for placements. This possibility should be thoroughly explored with the parent(s). However, while OCS will make every attempt to follow the parent(s) wishes, the parents must be informed that the best interests of the child must be paramount.
Discuss parents' interest in maintaining visitation or other kinds of contact after the adoption. A statement regarding visitation rights must be included in the relinquishment.
Discuss the current law regarding confidentiality and the exchange of information between biological parents and adult adoptees. See section 6.1.1 Confidentiality.
If the child is Native, discuss OCS’ responsibility to give required notice to the Tribe and to comply with the placement preferences established in ICWA. ICWA requires that records be maintained on placements documenting the efforts to comply with the ICWA placement preferences. Those records shall be made available at any time upon the request of the child's Tribe.
A relinquishment may be withdrawn within ten days after it is signed or the child is born, whichever is later. For Native children, a relinquishment will not be valid if it is executed within the first 10 days after the birth of the child. Parents of children covered by the ICWA may withdraw a relinquishment at any time prior to the entry of a final order of termination of parental rights.
When parents have relinquished their parental rights with the understanding that their child will be adopted by a specific person, the PSS will notify them if the proposed placement fails. The requirement to notify the parents applies from the time of the relinquishment until the adoption is finalized, even after termination of parental rights. After receiving notice that the proposed placement has failed, a parent may notify OCS, in writing, of a desire to withdraw the relinquishment. If the parent does not submit such notice to OCS within 30 days of being notified of the failed placement, OCS is not required to have any further contact with the parent. The parent’s request to withdraw the relinquishment is not automatically granted. OCS decides whether to consent to the withdrawal or not, based on the circumstances of the case. Consents for withdrawal must be approved and signed by the Protective Services Manager II.
Relinquishments out of court will preferably take place in the presence of the parent’s attorney. All relinquishments must be executed in writing and take place either before a judge or in the presence of the attorney who represents the parent or in the presence of the PSS and another witness to which the parent agrees. Examples of witnesses are attorneys, Guardian ad Litems, social workers of other jurisdictions, Notaries Public, etc.