45.0412 Availability for adoption.

Cite as [A.S.C.A. § 45.0412]

(a) A child may be available for adoption only upon:

(1) order of the Court terminating all parental rights in the child in a proceeding brought under paragraph (a)(3) of 45.0115;

(2) order of the Court decreeing the voluntary relinquishment of all parental rights in the child under 45.0403;

(3) written and verified consent of the guardian of the person, appointed by the Court, of a child whose parents are deceased;

(4) written and verified consent of the guardian of the person, appointed by the Court, of a child whose parental rights have been terminated under paragraph (1) or (2); or

(5) (A) written and verified consent of the parent in a stepparent adoption where the other parent is deceased or his rights have been terminated under paragraph (1) or (2): and

(B) written and verified consent of the parent in a stepparent adoption where the other parent has abandoned the child for a period of 1 year or more or where he has failed without cause to provide reasonable support for the child for a period of 1 year or more. Upon filing of the petition in adoption the Court shall issue a notice directed to the other parent, which notice shall state the nature of the relief sought, the names of the petitioner and the child, and the time and place set for hearing on the petition. If the address of the other parent is known, service of the notice shall be in the manner provided by Rules 4 and 5 of the Federal Rules of Civil Procedure for service of process, or in any other manner approved by the Court. Upon affidavit by the petitioner that after diligent search the address of the other parent remains unknown, the Court shall order service upon the other parent by 1 publication of the notice in a newspaper of general circulation. The hearing shall not be held sooner than 30 days after service of the notice is complete, and at that time the Court may enter a final decree of adoption notwithstanding the time limitation in subsection (b) of 45.0422;

(6) written and verified consent of the parent having only residual rights when custody has been awarded to the other parent in a dissolution of marriage proceeding where the spouse of the parent having custody wishes to adopt the child; or

(7) written and verified consent of the parent or parents as defined under 45.0103, in a stepparent adoption where the child is conceived and born out of wedlock.

(b) Written consent to any proposed adoption shall be obtained from the person to be adopted if the person is 12 years of age or older.

(c) If placement for adoption occurred or custody of the child petition is filed in the Court of American Samoa, shall be available for adoption in substantial accordance with this section or in accordance with the law of the State or Territory where the placement was made at the discretion of the Court.

(d) If no guardian of the person of the child has been appointed and the child is otherwise available for adoption, the individual who has had the child living in his home for 1 year or more may petition the Court to appoint the guardian in order that the written and verified consent of the guardian may be sought. The petition becomes a part of the record in any adoption proceeding initiated later.

History: 1980, PL, 16-71 § 1.

Research Guide: CRS 19-4.107, 17 ASC 602.