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HB 320: "An Act relating to the effect of a decree of adoption or termination of parental rights on the legal relationship between a person and the person's siblings."

00 HOUSE BILL NO. 320 01 "An Act relating to the effect of a decree of adoption or termination of parental rights 02 on the legal relationship between a person and the person's siblings." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 25.23.130(a) is amended to read: 05 (a) A final decree of adoption, whether issued by a court of this state or of any 06 other state, has the following effect as to matters within the jurisdiction or before a 07 court of this state: 08 (1) except with respect to a spouse of the petitioner and relatives of the 09 spouse, to relieve the natural parents of the adopted person of all parental rights and 10 responsibilities, and, except as provided in (c) of this section, to terminate all legal 11 relationships between the adopted person and the natural parents and other relatives of 12 the adopted person who are not siblings of the adopted person, so that the adopted 13 person thereafter is a stranger to these [THE] former relatives for all purposes, 14 including inheritance, unless the decree of adoption specifically provides for

01 continuation of inheritance rights, and the interpretation or construction of documents, 02 statutes, and instruments, whether executed before or after the adoption is decreed, 03 that do not expressly include the person by name or by some designation not based on 04 a parent and child or blood relationship; and 05 (2) to create the relationship of parent and child between the petitioner 06 and the adopted person, as if the adopted person were a legitimate blood descendant of 07 the petitioner, for all purposes, including inheritance and applicability of statutes, 08 documents, and instruments, whether executed before or after the adoption is decreed, 09 that do not expressly exclude an adopted person from their operation or effect. 10 * Sec. 2. AS 25.23.130(d) is amended to read: 11 (d) Except as provided in (e) and (f) of this section, a decree terminating 12 parental rights on the grounds set out in AS 25.23.180(c)(2) voids all legal 13 relationships between the child and the biological parent so that the child is a stranger 14 to the biological parent and to relatives of the biological parent, except siblings of the 15 child, for all purposes, including interpretation of documents executed before or after 16 the termination of parental rights that do not include the child by name or by a 17 description not based on a parental or blood relationship. 18 * Sec. 3. AS 25.23.130 is amended by adding a new subsection to read: 19 (g) In this section, "sibling" means a person who 20 (1) is related to an individual by blood, adoption, or marriage as a child 21 of one or both parents; or 22 (2) was raised together with an individual for a period of time in the 23 same household and in the same manner that children who are related by blood, 24 adoption, or marriage might be.