How old do you have to be to adopt in Alaska?

Alaska's adoption statute does not state a specific minimum age for adopting. AS 25.23.020 lists who may adopt, including "an unmarried adult" and "a husband and wife together," but it does not attach an age to either one.

What the statute says about who may adopt. Under AS 25.23.020, the people who may adopt are:

• A husband and wife together
• An unmarried adult
• The unmarried father or mother of the person being adopted
• A married person whose spouse does not join, but only in limited circumstances listed in the statute. One example is when the other spouse is the adoptee's parent and consents. Another is when the spouses are legally separated.

For a stepparent adoption, the married-person situation is the one most families ask about. Whether it fits your family depends on your facts, so check with the Superior Court clerk or an attorney.

Age gap between you and the child. AS 25.23.020 does not state an age gap between the adopter and the person being adopted. If you are wondering whether a particular age difference could matter in your case, the Superior Court clerk or an attorney can tell you how the court looks at it.

Exact minimum age. Because the statute gives no number, the exact age at which an adult qualifies to petition should be confirmed with the Superior Court clerk in your borough. The word "adult" in the statute generally means 18 or older, but the clerk can confirm how the court applies it.

Ages that do appear in Alaska's adoption law.

• Consent age for the child: Alaska sets the age of 10 in Alaska Stat. § 25.23.040. A child who is 10 or older has a role in consenting to the adoption.
• Adult adoptees: AS 25.23.010 says "Any person may be adopted." The sections we reviewed contain no relationship, disability or age-gap condition for adult adoption.

If the person being adopted is an adult. A petition to adopt an adult may be granted only with written consent signed by the adult and the adult's spouse, or by the guardian or conservator of an incapacitated adult (AS 25.23.040(b)). A home study is waived unless the court directs otherwise (AS 25.23.100). The petition is filed in the Superior Court for the district where the petitioner or the adoptee lives or is in military service. A hearing is contemplated, and anyone whose consent is required but who has not given it must receive a copy of the petition and notice of the hearing. Adult adoptions in Alaska typically take 2-4 weeks.

Other basics for stepparent adoption. Alaska has no minimum residency period before you can file. A stepparent adoption usually takes 3-6 months. Filing fees are set by the court, so the Superior Court clerk in your borough can give you the current amount.