Unregulated Custody Transfers of Adopted Children - Alaska

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Definitions

Citation: Alaska Stat. § 13.26.066

The term 'parent' includes a stepparent or a grandparent, and a parent who is incarcerated for a criminal conviction, but not a foster parent. The term 'power of attorney' means a power of attorney executed under this section.

Prohibited or Required Actions Regarding Custody

Citation: Alaska Stat. § 13.26.066

A parent or a guardian of a minor child, by a properly executed power of attorney, may delegate to another person one or more powers regarding the care or custody of the minor child, including the right to enroll the child in school; the right to inspect and obtain copies of education records and other records concerning the child; the right to attend school activities and other functions concerning the child; and the right to give or withhold any consent or waiver with respect to school activities, medical treatment, dental treatment, and other activity, function, or treatment that may concern the minor child. This delegation does not include the power or authority to consent to the marriage or adoption of the minor child, the performance or inducement of an abortion on or for the minor child, or the termination of parental rights to the minor child.

A power of attorney is not effective for a period that exceeds 1 year. After a power of attorney expires, a parent or guardian may execute a new power of attorney.

A power of attorney does not change parental rights, legal rights, obligations, or other authority established by an existing court order and does not deprive the parent or guardian of rights, obligations, or other authority relating to the custody, visitation, or support of the minor child.

Exceptions

Citation: Alaska Stat. § 13.26.066

A power of attorney made by a military parent or guardian may be effective for a period that exceeds 1 year if the military parent or guardian is on active duty, but the power of attorney is not effective for a period that exceeds the length of the active duty plus 30 days.

Consequences

Citation: Alaska Stat. § 13.26.066

Except as otherwise determined under another statute, the execution of a power of attorney by a parent or guardian does not constitute abandonment, neglect, or abuse of the child under §§ 47.10.013 through 47.10.015, unless the parent or guardian, after the power of attorney expires, fails to retake custody of the child or execute a new power of attorney.