(Revision. 9/17/07)
AS 25.23.060 Execution of Consent; consent as power of attorney,
AS 25.23.070 Withdrawal of Consent,
AS 47.10.086(b) Reasonable Efforts,
25 U.S.C. 1913 (P. L. 95-608 Indian Child Welfare Act of 1978).
To provide guidelines on the Consent to Adoption by Parent process as an alternative to a relinquishment.
With the knowledge and approval of the department, all consents for adoption for children in OCS custody that are signed by the parent must be executed in writing and take place before a judge or in the presence of the attorney who represents the parent or in the presence of the social workers and another witness to which the parent agrees. For Indian Child Welfare Act (ICWA) cases, the consent to adoption by parent must be signed or affirmed in state court, as opposed to Tribal court.
For ICWA cases, the parents may change their mind and withdraw the consent to adoption anytime before the finalization of the adoption. This must be done through a written notice to the department, or to the court.
For non-ICWA cases, the parent has ten days from the time of the signed consent to adoption by parent to change his or her mind and withdraw the consent to adoption. This must be done through a written notice to the department, or to the court if it is an ICWA case.
In the consent to adopt, the parent will retain residual rights to the child up to the finalization of the adoption. Once the decree for adoption is signed by the court, the birth parent’s rights are terminated at the same time.
The decision to consider consent to adoption by parent rather than a relinquishment or termination of parental rights must be based on what is in the best interest of the child. Additionally, the decision to pursue consent to adoption by parent must be discussed by the Permanency Planning Conference team.