Alaska Statutes
Alaska Stat. § 25.23.020 (2026)
Who may adopt
✓ current as of July 2026
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Sec. 25.23.020. Who may adopt.
(a) The following persons may adopt:
(1) a husband and wife together;
(2) an unmarried adult;
(3) the unmarried father or mother of the person to be adopted;
(4) a married person without the other spouse joining as a petitioner, if the person to be adopted is not the other spouse, and if
(A) the other spouse is a parent of the person to be adopted and consents to the adoption;
(B) the petitioner and the other spouse are legally separated;
(C) the person to be adopted is an adult and the other spouse consents to the adoption; or
(D) the failure of the other spouse to join in the petition or to agree to the adoption is excused by the court by reason of prolonged unexplained absence, unavailability, incapacity, or circumstances constituting an unreasonable withholding of consent.
(b) Nothing in this section affects legitimation under AS 25.20.050.
(a) The following persons may adopt:
(1) a husband and wife together;
(2) an unmarried adult;
(3) the unmarried father or mother of the person to be adopted;
(4) a married person without the other spouse joining as a petitioner, if the person to be adopted is not the other spouse, and if
(A) the other spouse is a parent of the person to be adopted and consents to the adoption;
(B) the petitioner and the other spouse are legally separated;
(C) the person to be adopted is an adult and the other spouse consents to the adoption; or
(D) the failure of the other spouse to join in the petition or to agree to the adoption is excused by the court by reason of prolonged unexplained absence, unavailability, incapacity, or circumstances constituting an unreasonable withholding of consent.
(b) Nothing in this section affects legitimation under AS 25.20.050.
Notes of Decisions
Cited in 2
cases (1 in the last 5 years), 2012–2025 · leading case: In re the Adoption of Xavier K., 268 P.3d 274 (Alaska 2012).
In re the Adoption of Xavier K., 268 P.3d 274 (Alaska 2012). “Alaska's adoption statutes do permit an individual to adopt his or her biological child-AS 25.23.020(a), which lists the categories of individuals who may adopt, states in subsection (8) that "the unmarried father or mother of the person to be adopted" may adopt.”
In the Matter of the Adoption of C.R. & E.R., Edna L. (Mother) v. State of Alaska, DHSS, OCS, John L. (Father) v. State of Alaska, DFCS, OCS, In the Matter of Adoption of C.R. & E.R., State of Alaska, DFCS, OCS v. John L., State of Alaska, DFCS, OCS v. Edna L. (Alaska 2025). “”); AS 25.23.020 (including husband and wife, unmarried adult, or married person without spouse joining adoption petition among parties who may adopt); see also AS 25.”
— Alaska Stat. § 25.23.020(a) — 1 case
In re the Adoption of Xavier K., 268 P.3d 274 (Alaska 2012). “Alaska's adoption statutes do permit an individual to adopt his or her biological child-AS 25.23.020(a), which lists the categories of individuals who may adopt, states in subsection (8) that "the unmarried father or mother of the person to be adopted" may adopt.”
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