Alaska Adop. R. 1

As amended through November 12, 2024
Rule 1 - 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 to promote fairness, accurate factfinding, the expeditious determination of adoption proceedings, and the best interests of the child.
(d)Legal Effect of Rules. These rules are promulgated pursuant to Alaska constitutional authority granting 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 C.F.R. Part 23, published at 81 Fed. Reg. 38778 (June 14, 2016) and effective December 12, 2016, shall apply.
(g)Situations Not Covered by these 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 with the unique character and purpose of adoption proceedings.

Alaska Adop. R. 1

SCO 972 effective 1/15/1990; amended by SCO 1469 effective 10/15/2002; and by SCO 1897 effective 12/12/2016; Note added by SCO 1939 effective nunc pro tunc 9/13/2018.

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).