Alaska Adoption R. 10

(a) Notice to Parties. Petitioner shall give notice of the

adoption hearing to the persons required by AS 25.23.100(a).

The notice must contain the information required by AS

25.23.100(b) and must be served in the manner provided by

this rule and Civil Rule 4, except that in an adoption involving

an Indian child, notice must be by personal service or certified

or registered mail with proof of service dated no later than 10

days before the adoption hearing. Notice of the adoption

hearing must also be given to extended family members of an

Indian child who have intervened in the adoption proceeding

or participated as a party in any prior child custody proceeding

involving the child.

(b) Waiver. A party may waive the party’s right to

notice by filing a written notarized waiver with the court.

(c) Notice to Parents Whose Whereabouts Are

Unknown. If the name of a parent who has not consented to

the adoption is known, but the person’s whereabouts cannot be

ascertained after diligent inquiry, the petitioner may move the

court to allow notice under Civil Rule 4(e). Any notice posted

or published under Civil Rule 4(e) must give the full name, if

known, of the person to whom the notice is directed. All other

parties must be identified by initials rather than names. In an

adoption involving an Indian child, additional notice to the

parent must be sent in care of the Secretary of the Interior.

(d) Notice to Unknown Parent. If the identity of the

parent is unknown and the court is satisfied that no form of

notice, even under Civil Rule 4(e), is reasonably likely to give

actual notice to the parent, the court may waive notice.

(e) Notice to Indian Tribe. In an adoption or

relinquishment proceeding involving an Indian child, notice

must be given to the child’s tribe at the time of the petition or,

if the child’s tribe is not known at this time, reasonably

promptly after the tribe has been determined. However, notice

is not required if parental rights are to be voluntarily

terminated and the parent files a statement that the tribe has not

been served with notice in order to protect the privacy of the

parent. The notice, if required, must be by personal service or

certified or registered mail, with proof of service dated no later

than 10 days before the adoption hearing and, if applicable,

also 10 days before the entry of the decree of termination. The

notice, if required, must be sent with a copy of the petition and

must contain:

(1) a statement that the Indian child’s tribe has a right to

intervene in the proceeding;

(2) a statement of the right of the tribe to request twenty

additional days to prepare for the proceedings;

(3) the mailing address and telephone number of the

court;

(4) a statement that the tribe may have a right to petition

the court to transfer the proceedings to a tribal court authorized

to exercise jurisdiction under federal law; and

(5) a statement that since adoption proceedings are

usually conducted on a confidential basis, tribal officials shall

keep the information contained in the notice confidential.