Alaska Statutes
Alaska Stat. § 25.23.050 (2026)
Persons as to whom consent and notice not required
✓ current as of July 2026
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Sec. 25.23.050. Persons as to whom consent and notice not required.
(a) Consent to adoption is not required of
(1) for purposes of this section, a parent who has abandoned a child for a period of at least six months;
(2) a parent of a child in the custody of another, if the parent for a period of at least one year has failed significantly without justifiable cause, including but not limited to indigency,
(A) to communicate meaningfully with the child; or
(B) to provide for the care and support of the child as required by law or judicial decree;
(3) the father of a minor if the father's consent is not required by AS 25.23.040(a)(2);
(4) a parent who has relinquished the right to consent under AS 25.23.180;
(5) a parent whose parental rights have been terminated by order of the court under AS 25.23.180(c)(2) or AS 47.10.080(c)(3);
(6) a parent judicially declared incompetent or mentally defective if the court dispenses with the parent's consent;
(7) a parent of the person to be adopted, if the person is 18 or more years of age;
(8) a guardian or custodian specified in AS 25.23.040(a)(3) or (4) who has failed to respond in writing to a request for consent for a period of 60 days or who, after examination of the guardian's or custodian's written reasons for withholding consent, is found by the court to be withholding consent unreasonably; or
(9) the spouse of the person to be adopted, if the requirement of consent to the adoption is waived by the court by reason of prolonged unexplained absence, unavailability, incapacity, or circumstances constituting an unreasonable withholding of consent.
(b) Except as provided in AS 25.23.100, notice of a hearing on a petition for adoption need not be given to a person whose consent is not required or to a person whose consent or relinquishment has been filed with the petition.
(a) Consent to adoption is not required of
(1) for purposes of this section, a parent who has abandoned a child for a period of at least six months;
(2) a parent of a child in the custody of another, if the parent for a period of at least one year has failed significantly without justifiable cause, including but not limited to indigency,
(A) to communicate meaningfully with the child; or
(B) to provide for the care and support of the child as required by law or judicial decree;
(3) the father of a minor if the father's consent is not required by AS 25.23.040(a)(2);
(4) a parent who has relinquished the right to consent under AS 25.23.180;
(5) a parent whose parental rights have been terminated by order of the court under AS 25.23.180(c)(2) or AS 47.10.080(c)(3);
(6) a parent judicially declared incompetent or mentally defective if the court dispenses with the parent's consent;
(7) a parent of the person to be adopted, if the person is 18 or more years of age;
(8) a guardian or custodian specified in AS 25.23.040(a)(3) or (4) who has failed to respond in writing to a request for consent for a period of 60 days or who, after examination of the guardian's or custodian's written reasons for withholding consent, is found by the court to be withholding consent unreasonably; or
(9) the spouse of the person to be adopted, if the requirement of consent to the adoption is waived by the court by reason of prolonged unexplained absence, unavailability, incapacity, or circumstances constituting an unreasonable withholding of consent.
(b) Except as provided in AS 25.23.100, notice of a hearing on a petition for adoption need not be given to a person whose consent is not required or to a person whose consent or relinquishment has been filed with the petition.
Notes of Decisions
Cited in 41
cases (3 in the last 5 years), 1983–2025 · leading case: In Re the Adoption of Hannah L., 390 P.3d 1153 (Alaska 2017).
In Re the Adoption of Hannah L., 390 P.3d 1153 (Alaska 2017). “Daniel petitioned in early June to adopt Hannah, asserting that Brandon’s consent to the adoption was not required under AS 25.23.050(a). 2 Brandon was not served with the petition.”
Bruce L. v. W.E., 247 P.3d 966 (Alaska 2011). “State Law Issues Although a parent's consent to adoption is generally required, 59 AS 25.23.050 provides that adoption consent is not required of "a parent of a child in the custody of another, if the parent for a period of at least one year has failed significantly without…”
Matter of Adoption of BSL, 779 P.2d 1222 (Alaska 1989). “AS 25.23.050; AS 25.23.120(c), AS 25.23.130(a).”
Ebert v. Bruce L., 340 P.3d 1048 (Alaska 2014). “But the law of the case doctrine "generally prohibits the reconsideration of issues which have been adjudicated in a previous appeal in the same case" unless "'there exist exceptional circumstances presenting a clear error constituting a manifest injustice.”
In Re the Adoption of A.F.M., 960 P.2d 602 (Alaska 1998). “We have explained that courts should “strictly construe AS 25.23.050 in favor of the natural parent.”
In Re the Adoption of Missy M., 133 P.3d 645 (Alaska 2006). “040(a)(3) provides: (a) Unless consent is not inquired 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 [[Image here]] (3) any person [8] lawfully entitled to custody of the minor or empowered to…”
In Re the Adoption of S.K.L.H., 204 P.3d 320 (Alaska 2009). “2d 602, 604-05 (Alaska 1998) (when AS 25.23.050 is susceptible to two interpretations, the interpretation most favorable to biological parent is selected); In re Adoption of K.”
Matter of K.L.J., 813 P.2d 276 (Alaska 1991). “*278 Ronald attempted to obtain counsel to oppose Hei Suk’s motion to terminate his right to consent under AS 25.23.050. Ronald’s legal services attorney in Washington was unsuccessful in finding him counsel in Alaska.”
Matter of JJJ, 718 P.2d 948 (Alaska 1986). “The controlling statute, AS 25.23.050 clearly states that a parent loses the right to withhold consent to adoption if there has been a 12-month period of significant and unjustified nonsupport, as in J.”
David S. v. Jared H., 308 P.3d 862 (Alaska 2013). “Such a petition normally requires written consent from the child's father, but consent is not required if the father has failed to legitimate the child or if consent is not required under AS 25.23.050 2 The Howards argued that David's consent was not required and moved for…”
Osterkamp v. Stiles, 235 P.3d 193 (Alaska 2010). “040(a)(1) provides that "[uJnless 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 .”
In re D.J.A., 793 P.2d 1033 (Alaska 1990). “8 We have construed AS 25.23.050 strictly, and with an eye to protecting the rights of natural parents.”
— Alaska Stat. § 25.23.050(2)(8) — 1 case
Osterkamp v. Stiles, 235 P.3d 193 (Alaska 2010). “040(a)(1) provides that "[uJnless 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 .”
— Alaska Stat. § 25.23.050(2a)(2) — 1 case
David S. v. Jared H., 308 P.3d 862 (Alaska 2013). “Such a petition normally requires written consent from the child's father, but consent is not required if the father has failed to legitimate the child or if consent is not required under AS 25.23.050 2 The Howards argued that David's consent was not required and moved for…”
— Alaska Stat. § 25.23.050(a) — 13 cases
In Re the Adoption of Hannah L., 390 P.3d 1153 (Alaska 2017). “Daniel petitioned in early June to adopt Hannah, asserting that Brandon’s consent to the adoption was not required under AS 25.23.050(a). 2 Brandon was not served with the petition.”
Matter of Adoption of BSL, 779 P.2d 1222 (Alaska 1989). “AS 25.23.050; AS 25.23.120(c), AS 25.23.130(a).”
Matter of K.L.J., 813 P.2d 276 (Alaska 1991). “*278 Ronald attempted to obtain counsel to oppose Hei Suk’s motion to terminate his right to consent under AS 25.23.050. Ronald’s legal services attorney in Washington was unsuccessful in finding him counsel in Alaska.”
In Re the Adoption of S.K.L.H., 204 P.3d 320 (Alaska 2009). “2d 602, 604-05 (Alaska 1998) (when AS 25.23.050 is susceptible to two interpretations, the interpretation most favorable to biological parent is selected); In re Adoption of K.”
Bruce L. v. W.E., 247 P.3d 966 (Alaska 2011). “State Law Issues Although a parent's consent to adoption is generally required, 59 AS 25.23.050 provides that adoption consent is not required of "a parent of a child in the custody of another, if the parent for a period of at least one year has failed significantly without…”
— Alaska Stat. § 25.23.050(a)(1) — 5 cases
In Re the Adoption of Hannah L., 390 P.3d 1153 (Alaska 2017). “Daniel petitioned in early June to adopt Hannah, asserting that Brandon’s consent to the adoption was not required under AS 25.23.050(a). 2 Brandon was not served with the petition.”
In the Matter of the Adoption of J. R. B., 505 P.3d 234 (Alaska 2022).
In Re Dja, 793 P.2d 1033 (Alaska 1990).
Emily B. (Mother) v. State of Alaska, DHSS, OCS (Alaska 2019).
B.E.H. v. M.S.G. & D.L.G. (Alaska 2015).
— Alaska Stat. § 25.23.050(a)(2) — 14 cases
Bruce L. v. W.E., 247 P.3d 966 (Alaska 2011). “State Law Issues Although a parent's consent to adoption is generally required, 59 AS 25.23.050 provides that adoption consent is not required of "a parent of a child in the custody of another, if the parent for a period of at least one year has failed significantly without…”
Ebert v. Bruce L., 340 P.3d 1048 (Alaska 2014). “But the law of the case doctrine "generally prohibits the reconsideration of issues which have been adjudicated in a previous appeal in the same case" unless "'there exist exceptional circumstances presenting a clear error constituting a manifest injustice.”
Matter of JJJ, 718 P.2d 948 (Alaska 1986). “The controlling statute, AS 25.23.050 clearly states that a parent loses the right to withhold consent to adoption if there has been a 12-month period of significant and unjustified nonsupport, as in J.”
In the Matter of the Adoption of J. R. B., 505 P.3d 234 (Alaska 2022).
Matter of K.L.J., 813 P.2d 276 (Alaska 1991). “*278 Ronald attempted to obtain counsel to oppose Hei Suk’s motion to terminate his right to consent under AS 25.23.050. Ronald’s legal services attorney in Washington was unsuccessful in finding him counsel in Alaska.”
— Alaska Stat. § 25.23.050(a)(2)(A) — 14 cases
In Re the Adoption of Hannah L., 390 P.3d 1153 (Alaska 2017). “Daniel petitioned in early June to adopt Hannah, asserting that Brandon’s consent to the adoption was not required under AS 25.23.050(a). 2 Brandon was not served with the petition.”
Bruce L. v. W.E., 247 P.3d 966 (Alaska 2011). “State Law Issues Although a parent's consent to adoption is generally required, 59 AS 25.23.050 provides that adoption consent is not required of "a parent of a child in the custody of another, if the parent for a period of at least one year has failed significantly without…”
Matter of Adoption of BSL, 779 P.2d 1222 (Alaska 1989). “AS 25.23.050; AS 25.23.120(c), AS 25.23.130(a).”
In re D.J.A., 793 P.2d 1033 (Alaska 1990). “8 We have construed AS 25.23.050 strictly, and with an eye to protecting the rights of natural parents.”
David S. v. Jared H., 308 P.3d 862 (Alaska 2013). “Such a petition normally requires written consent from the child's father, but consent is not required if the father has failed to legitimate the child or if consent is not required under AS 25.23.050 2 The Howards argued that David's consent was not required and moved for…”
— Alaska Stat. § 25.23.050(a)(2)(B) — 14 cases
In Re the Adoption of A.F.M., 960 P.2d 602 (Alaska 1998). “We have explained that courts should “strictly construe AS 25.23.050 in favor of the natural parent.”
Ebert v. Bruce L., 340 P.3d 1048 (Alaska 2014). “But the law of the case doctrine "generally prohibits the reconsideration of issues which have been adjudicated in a previous appeal in the same case" unless "'there exist exceptional circumstances presenting a clear error constituting a manifest injustice.”
In Re the Adoption of Hannah L., 390 P.3d 1153 (Alaska 2017). “Daniel petitioned in early June to adopt Hannah, asserting that Brandon’s consent to the adoption was not required under AS 25.23.050(a). 2 Brandon was not served with the petition.”
Bruce L. v. W.E., 247 P.3d 966 (Alaska 2011). “State Law Issues Although a parent's consent to adoption is generally required, 59 AS 25.23.050 provides that adoption consent is not required of "a parent of a child in the custody of another, if the parent for a period of at least one year has failed significantly without…”
Matter of JJJ, 718 P.2d 948 (Alaska 1986). “The controlling statute, AS 25.23.050 clearly states that a parent loses the right to withhold consent to adoption if there has been a 12-month period of significant and unjustified nonsupport, as in J.”
— Alaska Stat. § 25.23.050(a)(3) — 1 case
Bruce L. v. W.E., 247 P.3d 966 (Alaska 2011). “State Law Issues Although a parent's consent to adoption is generally required, 59 AS 25.23.050 provides that adoption consent is not required of "a parent of a child in the custody of another, if the parent for a period of at least one year has failed significantly without…”
— Alaska Stat. § 25.23.050(a)(4) — 3 cases
In Re Adoption of Keith MW, 79 P.3d 623 (Alaska 2003).
Native Vill. of Napaimute Traditional Council v. Terence W., 79 P.3d 623 (Alaska 2003).
Emily B. (Mother) v. State of Alaska, DHSS, OCS (Alaska 2019).
— Alaska Stat. § 25.23.050(a)(5) — 4 cases
In Re Adoption of AFM, 15 P.3d 258 (Alaska 2001).
B.F. v. D.M., 15 P.3d 258 (Alaska 2001).
— Alaska Stat. § 25.23.050(a)(7) — 1 case
Allam v. State, 830 P.2d 435 (Alaska Ct. App. 1992).
— Alaska Stat. § 25.23.050(a)(8) — 2 cases
In Re the Adoption of Missy M., 133 P.3d 645 (Alaska 2006). “040(a)(3) provides: (a) Unless consent is not inquired 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 [[Image here]] (3) any person [8] lawfully entitled to custody of the minor or empowered to…”
Osterkamp v. Stiles, 235 P.3d 193 (Alaska 2010). “040(a)(1) provides that "[uJnless 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 .”
— Alaska Stat. § 25.23.050(a2)(2)(B) — 1 case
Ebert v. Bruce L., 340 P.3d 1048 (Alaska 2014). “But the law of the case doctrine "generally prohibits the reconsideration of issues which have been adjudicated in a previous appeal in the same case" unless "'there exist exceptional circumstances presenting a clear error constituting a manifest injustice.”
— Alaska Stat. § 25.23.050(b) — 2 cases
In Re Adoption of Keith MW, 79 P.3d 623 (Alaska 2003).
Native Vill. of Napaimute Traditional Council v. Terence W., 79 P.3d 623 (Alaska 2003).
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