We divorced and remarried — can my spouse adopt my child now in Alaska?

Yes, if you and your spouse are legally married now, your spouse can ask the Alaska Superior Court to approve a stepparent adoption of your child. Alaska's adoption law, in Alaska Statutes Title 25, Chapter 23, lets a husband and wife adopt together. It also lets a married person adopt without the other spouse joining in limited circumstances, such as when the other spouse is the child's parent and consents (AS 25.23.020). That describes many stepparent families.

How your divorce and remarriage fit in: The Alaska rules we work from don't single out an earlier divorce or remarriage as a condition for adopting. If your history is unusual, for example if custody or support orders are still active, ask the Superior Court clerk in your area or an attorney how it applies to your case.

What Alaska requires:

• Court: The petition is filed in the Superior Court.
• Residency: Alaska has no minimum residency period before you can file.
• Child's consent: A child who is 10 or older has a consent role under Alaska Stat. § 25.23.040. Younger children don't have this requirement.
• Home study: A home study is waived for stepparent adoptions under Alaska Stat. § 25.23.100. The clerk can tell you whether your judge asks for anything further.
• Timeline: Stepparent adoptions in Alaska typically take 3-6 months.

The other biological parent: This is the part that most affects your case, whatever your marital history. Usually the other parent's consent is addressed, or the situation falls under Alaska's abandonment provision. That provision uses a period of 6 months (Alaska Stat. § 25.23.050(a)(1)-(2)). Whether your situation meets it depends on specific facts: contact, support, and whether the parent can be found.