Alaska Adop. R. 10

As amended through November 12, 2024
Rule 10 - Notice
(a)Notice to Parties. Petitioner shall give notice of the adoption hearing to the persons required by AS 25.23.100(a). The notice must contain the information required by AS 25.23.100(b) and must be served in the manner provided by this rule and Civil Rule 4, except that in an adoption involving an Indian child, notice must be by personal service or certified or registered mail with proof of service dated no later than 10 days before the adoption hearing. Notice of the adoption hearing must also be given to extended family members of an Indian child who have intervened in the adoption proceeding or participated as a party in any prior child custody proceeding involving the child.
(b)Waiver. A party may waive the party's right to notice by filing a written notarized waiver with the court.
(c)Notice to Parents Whose Whereabouts Are Unknown. If the name of a parent who has not consented to the adoption is known, but the person's whereabouts cannot be ascertained after diligent inquiry, the petitioner may move the court to allow notice under Civil Rule 4(e) Any notice posted or published under Civil Rule 4(e) must give the full name, if known, of the person to whom the notice is directed. All other parties must be identified by initials rather than names. In an adoption involving an Indian child, additional notice to the parent must be sent in care of the Secretary of the Interior.
(d)Notice to Unknown Parent. If the identity of the parent is unknown and the court is satisfied that no form of notice, even under Civil Rule 4(e), is reasonably likely to give actual notice to the parent, the court may waive notice.
(e)Notice to Indian Tribe. In an adoption or relinquishment proceeding involving an Indian child, notice must be given to the child's tribe at the time of the petition or, if the child's tribe is not known at this time, reasonably promptly after the tribe has been determined. However, notice is not required if parental rights are to be voluntarily terminated and the parent files a statement that the tribe has not been served with notice in order to protect the privacy of the parent. The notice, if required, must be by personal service or certified or registered mail, with proof of service dated no later than 10 days before the adoption hearing and, if applicable, also 10 days before the entry of the decree of termination. The notice, if required, must be sent with a copy of the petition and must contain:
(1) a statement that the Indian child's tribe has a right to intervene in the proceeding;
(2) a statement of the right of the tribe to request twenty additional days to prepare for the proceedings;
(3) the mailing address and telephone number of the court;
(4) a statement that the tribe may have a right to petition the court to transfer the proceedings to a tribal court authorized to exercise jurisdiction under federal law; and
(5) a statement that since adoption proceedings are usually conducted on a confidential basis, tribal officials shall keep the information contained in the notice confidential.

Alaska Adop. R. 10

SCO 972 effective 1/15/1990; amended by SCO 1879 effective 10/15/2016