The Rights of Unmarried Parents - Alaska

Date:

Definitions

This issue is not addressed in the statutes reviewed.

Use of Parentage Registries

Citation: Alaska Stat. §§ 18.50.165; 25.20.055

The State registrar shall prepare a form for use in acknowledging parentage under § 25.20.055.

When a birth occurs to an unmarried person in a hospital, or on route to a hospital to which the person is later admitted, the hospital shall ensure that a staff member does the following:

  • Meets with the birth parent before their release from the hospital
  • Attempts to meet with the other parent of the unmarried birth parent's child, if possible
  • Presents to the birth parent and, if possible, the other parent, a pamphlet or statement regarding the rights and responsibilities of a natural parent
  • Provides to the birth parent and, if possible, the other parent, all forms, statements, or agreements necessary to voluntarily establish a parent and child relationship, including an acknowledgment of parentage form prepared under § 18.50.165
  • On request of the parents, assists the other parent in completing specific forms, statements, or agreements necessary to establish a parent and child relationship between the other parent and the child
  • On request of the parents, mails a completed voluntary acknowledgment of parentage form to the State registrar for filing

When a birth occurs to an unmarried person who is not in a hospital for the birth nor admitted to a hospital immediately after the birth, and the birth is attended by a physician, certified nurse midwife, or certified direct-entry midwife, the physician, nurse midwife, or direct-entry midwife shall perform the duties described above or ensure that an agent performs those duties.

When a birth occurs in a situation that is not covered by either previously described situation, any adult may, upon request of the parents, assist them in filing a voluntary acknowledgment of parentage form with the State registrar under § 18.50.165.

Alternate Means to Establish Parentage

Citation: Alaska Stat. § 25.20.050

A child born out of wedlock is legitimated and considered the heir of the putative other parent by any of the following:

  • The putative other parent subsequently marries the undisputed birth parent of the child.
  • For acknowledgments made before July 1, 1997, the putative other parent acknowledges, in writing, being a parent of the child.
  • For acknowledgments made on or after July 1, 1997, the putative other parent and the birth parent both sign a form for acknowledging parentage under § 18.50.165.
  • The putative other parent is determined, upon sufficient evidence, by a superior court without a jury or by another tribunal to be a parent of the child. Acceptable evidence includes the following:
    • Evidence that the putative other parent's conduct and bearing toward the child, either by word or act, indicates that the child is the child of the putative other parent
    • The results of a genetic test that is of a type generally acknowledged as reliable

A genetic test that establishes a probability of parentage at 95 percent or higher creates a presumption of parentage that may be rebutted only by clear and convincing evidence.

Required Information

Citation: Alaska Stat. § 18.50.165

The form must include the following:

  • A statement that the other parent who signs the form is acknowledging that they are the other parent of the child named in the form and that they assume the parental duty of support of that child
  • The address and Social Security number of both parents of the child named on the form
  • Signature lines for both parents
  • A signature line for either a witness or notary public
  • A statement that sets out the legal consequences of signing the form and the rights and responsibilities of the birth parent and the other parent acknowledging parentage by signing the form

Revocation of Claim to Parentage

Citation: Alaska Stat. § 18.50.165

The birth parent and the other parent acknowledging parentage must be notified that, unless fraud, duress, or material mistake of fact is shown in accordance with § 25.20.050, the acknowledgment may only be rescinded by the earlier of the following dates:

  • Sixty days after the date of the person's signature
  • The date of initiation of an administrative or judicial procedure to establish support of the child in which the person is a party

Access to Information

Citation: Alaska Stat. § 18.50.165

This issue is not addressed in the statutes reviewed.