Alaska Statutes
Alaska Stat. § 25.23.040 (2026)
Persons required to consent to adoption
✓ current as of July 2026
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Sec. 25.23.040. Persons required to consent to adoption.
(a) Unless consent is not required under AS 25.23.050, a petition to adopt a minor may be granted only if written consent to a particular adoption has been executed by
(1) the mother of the minor;
(2) the father of the minor, if the father was married to the mother at the time the minor was conceived or at any time after conception, the minor is the father's child by adoption, or the father has otherwise legitimated the minor under the laws of the state;
(3) any person lawfully entitled to custody of the minor or empowered to consent;
(4) the court having jurisdiction to determine custody of the minor, if the legal guardian or custodian of the person of the minor is not empowered to consent to the adoption;
(5) the minor, if 10 years of age or older, unless the court in the best interest of the minor dispenses with the minor's consent; and
(6) the spouse of the minor to be adopted.
(b) A petition to adopt an adult may be granted only if written consent to adoption has been executed by the adult and the adult's spouse or by the guardian or conservator of an incapacitated adult.
(a) Unless consent is not required under AS 25.23.050, a petition to adopt a minor may be granted only if written consent to a particular adoption has been executed by
(1) the mother of the minor;
(2) the father of the minor, if the father was married to the mother at the time the minor was conceived or at any time after conception, the minor is the father's child by adoption, or the father has otherwise legitimated the minor under the laws of the state;
(3) any person lawfully entitled to custody of the minor or empowered to consent;
(4) the court having jurisdiction to determine custody of the minor, if the legal guardian or custodian of the person of the minor is not empowered to consent to the adoption;
(5) the minor, if 10 years of age or older, unless the court in the best interest of the minor dispenses with the minor's consent; and
(6) the spouse of the minor to be adopted.
(b) A petition to adopt an adult may be granted only if written consent to adoption has been executed by the adult and the adult's spouse or by the guardian or conservator of an incapacitated adult.
Notes of Decisions
Cited in 27
cases (1 in the last 5 years), 1983–2022 · leading case: Thea G. v. State, Dep't of Health & Soc. Servs., Off. of Child.'s Servs., 291 P.3d 957 (Alaska 2013).
Thea G. v. State, Dep't of Health & Soc. Servs., Off. of Child.'s Servs., 291 P.3d 957 (Alaska 2013). “AS 25.23.040(a)(5) (requiring court to obtain consent of minor child to adoption if child is ten years of age or older unless court dispenses with minor’s consent in best interests of minor).”
Ebert v. Bruce L., 340 P.3d 1048 (Alaska 2014). “Connie and the Eberts argued that Bruce had no justifiable cause for his failure to pay support and therefore could not object to the adoption under AS 25.23.040. As to ICWA, 12 they argued that they had met § 1912(d)'s active efforts requirement by providing remedial services…”
In Re the Adoption of Missy M., 133 P.3d 645 (Alaska 2006). “As to Missy’s consent, because she was over ten years of age at the time of the hearing, her consent is required under AS 25.23.040(5) “unless the court in the best interest of the minor dispenses with the mi *648 nor’s consent.”
In Re the Adoption of Hannah L., 390 P.3d 1153 (Alaska 2017). “AS 25.23.040(a)(2) generally requires the father's consent before a minor may be adopted: "[A] petition to adopt a minor may be granted only if written consent .”
Osterkamp v. Stiles, 235 P.3d 193 (Alaska 2010). “7 Kattaryna filed a motion to dismiss the adoption petition on the grounds that her consent is required by AS 25.23.040(a)(1) and that the exception in AS 25.”
David S. v. Jared H., 308 P.3d 862 (Alaska 2013). “AS 25.23.040. 13 . AS 25.23.040(a)(2). 14 .”
Adoption of N.P.S., 868 P.2d 934 (Alaska 1994). “§§ 1901-1963 (1988), and the superior court’s conclusions “that the child consented to live with [Xavier], and that placement of the child with [Xavier] was otherwise consistent with Adoption Rule 9 and AS 25.”
In Re the Adoption of S.K.L.H., 204 P.3d 320 (Alaska 2009). “See AS 25.23.040(a)(1)-(2) (consent generally required from biological mother and father of a minor child); In re Adoption of A.”
Bruce L. v. W.E., 247 P.3d 966 (Alaska 2011). “050(a)(3) (incorporating AS 25.23.040(a)(2)) (providing consent to adoption is not required of a minor's father if the father was not married to the mother at or after the time of conception or the father has not adopted or "otherwise legitimated the minor under" Alaska law).”
In Re Adoption of AFM, 15 P.3d 258 (Alaska 2001). “[9] See AS 25.23.040(a)(1) and (2). [10] See AS 25.”
R.N.T. v. J.R.G., 666 P.2d 1036 (Alaska 1983). “040(a)(2) (current version at AS 25.23.040(a)(2)). However, J.R.G. argued and the superior court concluded, that R.”
Sabrina V. v. Dep't of Health & Soc. Servs. , Off. of Child.'s Servs., 442 P.3d 717 (Alaska 2019). “See AS 25.23.040 -.070 (governing consents to adoption); AS 47.”
— Alaska Stat. § 25.23.040(5) — 1 case
In Re the Adoption of Missy M., 133 P.3d 645 (Alaska 2006). “As to Missy’s consent, because she was over ten years of age at the time of the hearing, her consent is required under AS 25.23.040(5) “unless the court in the best interest of the minor dispenses with the mi *648 nor’s consent.”
— Alaska Stat. § 25.23.040(a) — 5 cases
S.M.K. v. R.G.G., 702 P.2d 620 (Alaska 1985).
Sabrina V. v. Dep't of Health & Soc. Servs. , Off. of Child.'s Servs., 442 P.3d 717 (Alaska 2019). “See AS 25.23.040 -.070 (governing consents to adoption); AS 47.”
Smk v. Rgg, 702 P.2d 620 (Alaska 1985).
In Re Adoption of E.H. & J.H., 431 P.3d 1190 (Alaska 2018).
— Alaska Stat. § 25.23.040(a)(1) — 6 cases
In Re the Adoption of S.K.L.H., 204 P.3d 320 (Alaska 2009). “See AS 25.23.040(a)(1)-(2) (consent generally required from biological mother and father of a minor child); In re Adoption of A.”
Osterkamp v. Stiles, 235 P.3d 193 (Alaska 2010). “7 Kattaryna filed a motion to dismiss the adoption petition on the grounds that her consent is required by AS 25.23.040(a)(1) and that the exception in AS 25.”
In Re Adoption of AFM, 15 P.3d 258 (Alaska 2001). “[9] See AS 25.23.040(a)(1) and (2). [10] See AS 25.”
B.F. v. D.M., 15 P.3d 258 (Alaska 2001).
Addy S. (Mother) v. State of Alaska, DHSS, OCS (Alaska 2019).
— Alaska Stat. § 25.23.040(a)(2) — 7 cases
In Re the Adoption of Hannah L., 390 P.3d 1153 (Alaska 2017). “AS 25.23.040(a)(2) generally requires the father's consent before a minor may be adopted: "[A] petition to adopt a minor may be granted only if written consent .”
Bruce L. v. W.E., 247 P.3d 966 (Alaska 2011). “050(a)(3) (incorporating AS 25.23.040(a)(2)) (providing consent to adoption is not required of a minor's father if the father was not married to the mother at or after the time of conception or the father has not adopted or "otherwise legitimated the minor under" Alaska law).”
Ebert v. Bruce L., 340 P.3d 1048 (Alaska 2014). “Connie and the Eberts argued that Bruce had no justifiable cause for his failure to pay support and therefore could not object to the adoption under AS 25.23.040. As to ICWA, 12 they argued that they had met § 1912(d)'s active efforts requirement by providing remedial services…”
David S. v. Jared H., 308 P.3d 862 (Alaska 2013). “AS 25.23.040. 13 . AS 25.23.040(a)(2). 14 .”
Evans v. Native Vill. of Selawik Ira Council, 65 P.3d 58 (Alaska 2003).
— Alaska Stat. § 25.23.040(a)(3) — 3 cases
In Re the Adoption of Missy M., 133 P.3d 645 (Alaska 2006). “As to Missy’s consent, because she was over ten years of age at the time of the hearing, her consent is required under AS 25.23.040(5) “unless the court in the best interest of the minor dispenses with the mi *648 nor’s consent.”
Osterkamp v. Stiles, 235 P.3d 193 (Alaska 2010). “7 Kattaryna filed a motion to dismiss the adoption petition on the grounds that her consent is required by AS 25.23.040(a)(1) and that the exception in AS 25.”
Matter of WEG, 710 P.2d 410 (Alaska 1985).
— Alaska Stat. § 25.23.040(a)(5) — 4 cases
Thea G. v. State, Dep't of Health & Soc. Servs., Off. of Child.'s Servs., 291 P.3d 957 (Alaska 2013). “AS 25.23.040(a)(5) (requiring court to obtain consent of minor child to adoption if child is ten years of age or older unless court dispenses with minor’s consent in best interests of minor).”
R.N.T. v. J.R.G., 666 P.2d 1036 (Alaska 1983). “040(a)(2) (current version at AS 25.23.040(a)(2)). However, J.R.G. argued and the superior court concluded, that R.”
William S. (Father) v. State of Alaska, DHSS, OCS, Andy S. (Minor) v. State of Alaska, DHSS, OCS (Alaska 2014).
Rnt v. Jrg, 666 P.2d 1036 (Alaska 1983).
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