00                            HOUSE BILL NO. 157                                                                          
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; and providing for                                 
03 an effective date."                                                                                                     
04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
05    * Section 1. The uncodified law of the State of Alaska is amended by adding a new section                          
06 to read:                                                                                                                
07       LEGISLATIVE FINDINGS AND INTENT. (a) The legislature finds that                                                   
08            (1)  the importance of a child's relationship with the child's siblings is well                              
09 recognized in law and science;                                                                                          
10            (2)  the bonds between siblings are often irreplaceable;                                                     
11            (3)  a foster child typically has some degree of contact or visitation with the                              
12 child's siblings, even when the child and the child's siblings do not reside together.                                  
13       (b)  It is the intent of the legislature                                                                          
14            (1)  that when a court reviews and approves a petition to adopt a child from                                 

01 foster care, the court shall encourage the adoptive parents, birth parents, foster parents,                             
02 kinship caregivers, and the department to consider the long-term benefits to the child adoptee                          
03 and the child's siblings of facilitating post-adoption contact between the siblings that is similar                     
04 in nature and frequency to that which existed before the adoption;                                                      
05            (2)  to promote a larger focus by the office of children's services and the courts                           
06 in permanency planning and adoption proceedings on the interests of the child and the child's                           
07 siblings separated by adoptive placements; and                                                                          
08            (3)  to encourage courts to include provisions in an adoption decree that                                    
09 support ongoing postadoption contact between siblings.                                                                  
10    * Sec. 2. AS 25.23.125 is amended by adding a new subsection to read:                                              
11 (d)  If the person to be adopted is a minor who has been committed to the                                               
12 custody of the Department of Family and Community Services under AS 47.10, and                                          
13 the minor has siblings as defined in AS 25.23.130(g), the court shall determine                                         
14 whether post-adoption visitation with the siblings is in the best interests of the minor                                
15       to be adopted and document the finding on the final decree of adoption.                                           
16    * Sec. 3. AS 25.23.130(a) is amended to read:                                                                      
17 (a)  A final decree of adoption, whether issued by a court of this state or of any                                      
18 other state, has the following effect as to matters within the jurisdiction or before a                                 
19       court of this state:                                                                                              
20 (1)  except with respect to a spouse of the petitioner and relatives of the                                             
21 spouse, to relieve the natural parents of the adopted person of all parental rights and                                 
22 responsibilities, and, except as provided in (c) of this section, to terminate all legal                                
23 relationships between the adopted person and the natural parents and other relatives of                                 
24 the adopted person who are not siblings of the adopted person, so that the adopted                                  
25 person thereafter is a stranger to these [THE] former relatives for all purposes,                               
26 including inheritance, unless the decree of adoption specifically provides for                                          
27 continuation of inheritance rights, and the interpretation or construction of documents,                                
28 statutes, and instruments, whether executed before or after the adoption is decreed,                                    
29 that do not expressly include the person by name or by some designation not based on                                    
30       a parent and child or blood relationship; and                                                                     
31 (2)  to create the relationship of parent and child between the petitioner                                          

01 and the adopted person, as if the adopted person were a legitimate blood descendant of                                  
02 the petitioner, for all purposes, including inheritance and applicability of statutes,                              
03 documents, and instruments, whether executed before or after the adoption is decreed,                                   
04       that do not expressly exclude an adopted person from their operation or effect.                                   
05    * Sec. 4. AS 25.23.130 is amended by adding a new subsection to read:                                              
06            (g)  In this section, "sibling" means a person who                                                           
07                 (1)  is related to an individual by blood, adoption, or marriage as a child                             
08       of one or both parents; or                                                                                        
09                 (2)  was raised together with an individual for a period of time in the                                 
10       same household and in the same manner that children who are related by blood,                                     
11       adoption, or marriage might be.                                                                                   
12    * Sec. 5. This Act takes effect immediately under AS 01.10.070(c).