Alaska Statutes
Alaska Stat. § 25.23.120 (2026)
Hearing
✓ current as of July 2026
Find cases:
SyfertCases citing this section
AK-LEGakleg.gov
JustiaTitle on Justia
CornellLII Search
CasesGoogle Scholar
Sec. 25.23.120. Hearing.
(a) The presence of the petitioner and the person to be adopted is not required at the hearing on the petition unless ordered by the court.
(b) The court may continue the hearing from time to time to permit further observation, investigation, or consideration of any facts or circumstances affecting the granting of the petition.
(c) If at the conclusion of the hearing the court determines that the required consents have been obtained or excused and that the adoption is in the best interest of the person to be adopted, it may issue a final decree of adoption.
(d) If the requirements for a decree under (c) of this section have not been met, the court shall dismiss the petition and determine, in the best interests of the minor, the person including the petitioner to have custody of the minor.
(a) The presence of the petitioner and the person to be adopted is not required at the hearing on the petition unless ordered by the court.
(b) The court may continue the hearing from time to time to permit further observation, investigation, or consideration of any facts or circumstances affecting the granting of the petition.
(c) If at the conclusion of the hearing the court determines that the required consents have been obtained or excused and that the adoption is in the best interest of the person to be adopted, it may issue a final decree of adoption.
(d) If the requirements for a decree under (c) of this section have not been met, the court shall dismiss the petition and determine, in the best interests of the minor, the person including the petitioner to have custody of the minor.
Notes of Decisions
Cited in 14
cases (1 in the last 5 years), 1986–2025 · 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). “Under AS 25.23.120(c) a court is permitted to issue a final decree of adoption only if it determines both that “the required consents have been obtained or excused” and that “the adoption is in the best interest of the person to be adopted.”
In Re the Adoption of Missy M., 133 P.3d 645 (Alaska 2006). “guiding our review of OCS’s withholding of consent to adoptions is provided in AS 25.23.120(c). That provision expressly requires the trial court to engage in two inquiries, one to determine whether “the required consents have been obtained or excused” and the other to determine…”
In Re Adoption of LEKM, 70 P.3d 1097 (Alaska 2003). “100(e)(1) Cannot Be Imported into AS 25.23.120. The M.s contend that we should develop Alaska law by holding that AS 47.”
In Re Adoption of Keith MW, 79 P.3d 623 (Alaska 2003). “[16] AS 25.23.120(c) & (d) provide: (c) If at the conclusion of the hearing the court determines that the required consents have been obtained or excused and that the adoption is in the best interest of the person to be adopted, it may issue a final decree of adoption.”
Matter of Adoption of BSL, 779 P.2d 1222 (Alaska 1989). “050; AS 25.23.120(c), AS 25.23.130(a). In a child-in-need-of-aid proceeding, the court may terminate the parental rights of a natural parent if it determines: (1) there is a child in need of aid under 47.”
In Re the Adoption of S.K.L.H., 204 P.3d 320 (Alaska 2009). “120(c), now AS 25.23.120(c), disposes of the argument that father's consent not necessary if adoption is in best interests of child).”
State of Alaska, DHSS, OCS v. Zander B & Kelly B. (Foster Parents), 474 P.3d 1153 (Alaska 2020). “080(s) (authorizing transfer of child from one placement to another “in the child’s best interests”); AS 25.23.120(c) (stating that final decree of adoption depends in part on determination that “the adoption is in the best interest of the person to be adopted”).”
In re the Adoption of Xavier K., 268 P.3d 274 (Alaska 2012). “" But under AS 25.23.120(d), "[if the requirements for a decree under (c) of this section have not been met, the court shall dismiss the petition and determine, in the best interests of the minor, the person including the petitioner to have custody of the minor.”
Matter of K.L.J., 813 P.2d 276 (Alaska 1991). “AS 25.23.120(c). The state’s participation continues throughout the process.”
Native Vill. of Napaimute Traditional Council v. Terence W., 79 P.3d 623 (Alaska 2003). “120(c) & (d) provide: (c) If at the conclusion of the hearing the court determines that the required consents have been obtained or excused and that the adoption is in the best interest of the person to be adopted, it may issue a final decree of adoption.”
D.A. v. D.R.L., 727 P.2d 768 (Alaska 1986). “AS 25.23.120(c) provides: If at the conclusion of the hearing the court determines that the required consents have been obtained or excused and that the adoption is in the best interest of the person to be adopted, it may issue a final decree of adoption.”
Matter of KLJ, 813 P.2d 276 (Alaska 1991). “AS 25.23.120(c). The state's participation continues throughout the process.”
— Alaska Stat. § 25.23.120(c) — 14 cases
In Re the Adoption of Hannah L., 390 P.3d 1153 (Alaska 2017). “Under AS 25.23.120(c) a court is permitted to issue a final decree of adoption only if it determines both that “the required consents have been obtained or excused” and that “the adoption is in the best interest of the person to be adopted.”
In Re the Adoption of Missy M., 133 P.3d 645 (Alaska 2006). “guiding our review of OCS’s withholding of consent to adoptions is provided in AS 25.23.120(c). That provision expressly requires the trial court to engage in two inquiries, one to determine whether “the required consents have been obtained or excused” and the other to determine…”
Matter of Adoption of BSL, 779 P.2d 1222 (Alaska 1989). “050; AS 25.23.120(c), AS 25.23.130(a). In a child-in-need-of-aid proceeding, the court may terminate the parental rights of a natural parent if it determines: (1) there is a child in need of aid under 47.”
In Re Adoption of Keith MW, 79 P.3d 623 (Alaska 2003). “[16] AS 25.23.120(c) & (d) provide: (c) If at the conclusion of the hearing the court determines that the required consents have been obtained or excused and that the adoption is in the best interest of the person to be adopted, it may issue a final decree of adoption.”
In Re Adoption of LEKM, 70 P.3d 1097 (Alaska 2003). “100(e)(1) Cannot Be Imported into AS 25.23.120. The M.s contend that we should develop Alaska law by holding that AS 47.”
— Alaska Stat. § 25.23.120(d) — 5 cases
In Re Adoption of Keith MW, 79 P.3d 623 (Alaska 2003). “[16] AS 25.23.120(c) & (d) provide: (c) If at the conclusion of the hearing the court determines that the required consents have been obtained or excused and that the adoption is in the best interest of the person to be adopted, it may issue a final decree of adoption.”
In Re Adoption of LEKM, 70 P.3d 1097 (Alaska 2003). “100(e)(1) Cannot Be Imported into AS 25.23.120. The M.s contend that we should develop Alaska law by holding that AS 47.”
In Re the Adoption of Missy M., 133 P.3d 645 (Alaska 2006). “guiding our review of OCS’s withholding of consent to adoptions is provided in AS 25.23.120(c). That provision expressly requires the trial court to engage in two inquiries, one to determine whether “the required consents have been obtained or excused” and the other to determine…”
In re the Adoption of Xavier K., 268 P.3d 274 (Alaska 2012). “" But under AS 25.23.120(d), "[if the requirements for a decree under (c) of this section have not been met, the court shall dismiss the petition and determine, in the best interests of the minor, the person including the petitioner to have custody of the minor.”
Native Vill. of Napaimute Traditional Council v. Terence W., 79 P.3d 623 (Alaska 2003). “120(c) & (d) provide: (c) If at the conclusion of the hearing the court determines that the required consents have been obtained or excused and that the adoption is in the best interest of the person to be adopted, it may issue a final decree of adoption.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.