Chances are you have not heard of House Bill 157. Although unfortunately underreported by Alaska’s news sources, HB 157 is a pro-family bill worthy of attention.
HB 157 provides legal protection for sibling relationships when a child is being adopted out of the foster care system. The bill does two things: 1) it mandates adoption courts to consider whether post-adoption visitation with a sibling is in the best interest of the child being adopted and 2) amends existing adoption law to maintain a legal bond between siblings that can no longer be broken by adoption.
Right now, when a child is adopted, the legal bonds between that child and his or her biological relatives are terminated. According to AS 25.23.130(a): “…the adopted person thereafter is a stranger to the former relatives for all purposes, including inheritance…” Current law applies this clause to “all legal relationships between the adopted person and the natural parents and other relatives of the adopted person.” HB 157 adds the phrase, “who are not siblings of the adopted person.”
Because current law severs legal bonds between biological siblings when a child is adopted, adoptive parents may choose to deny their adopted child any connection with their biological siblings. However, HB 157 would require courts to consider whether post-adoption visitation rights are in the best interest of the child being adopted out of the foster care system. This would allow more children to maintain connection with their siblings.
The bill’s Legislative Findings and Intent gives three reasons why HB 157 is important for adopted Alaskans who are adopted out of foster care: “The legislature finds that (1) the importance of a child’s relationship with the child’s siblings is well recognized in law and science; (2) the bonds between siblings are often irreplaceable; (3) a foster child typically has some degree of contact or visitation with the child’s siblings, even when the child and the child’s siblings do not reside together.”
This both protects the child’s sibling bonds when beneficial for the child and also allows for situations when it would be better to sever those bonds. Each adoption case is unique. Each child is unique. HB 157 ensures an adopted child can stay connected to his or her siblings when it is in the child’s best interest.
Arguments against HB 157 include concerns about parental rights and the bill’s definition of “sibling.” Some argue that adoptive parents should have full rights to decide who their adopted child associates with. Although some may argue that the provision of visitation rights with siblings encroaches on parental rights, the argument places adults’ desire for full control above children’s best interests. This bill protects the child by providing a legal right to maintain their relationships with their siblings when such relationships are not deemed harmful. These relationships are worth protecting with legal force, not simply left to the decision of the adoptive parents. The questions that need to be considered are: “What harm is done if a child gets visitation rights with his or her sibling?” and “What harm is done if an adoptive parent decides to sever the child’s sibling relationships?” The latter has a greater potential for harm.
The second objection to the bill is its definition of “sibling.” HB 157 defines sibling as “a person who (1) is related to an individual by blood, adoption, or marriage as a child of one or both parents; or (2) was raised together with an individual for a period of time in the same household and in the same manner that children who are related by blood, adoption, or marriage might be.” The second part of the definition is perhaps problematic. It allows for a legal bond between a child and another individual who is not related by blood to the child but has been raised with that child in the same household. This expansive definition raises concerns for some.
Proponents argue that this ensures children being adopted out of the foster care system can maintain bonds with their foster-care “siblings.” Many children in foster homes develop close bonds with the other children in the home and often consider those children as siblings. The bill reflects this reality.
HB 157 was introduced by Representative Andrew Gray (D-Anchorage) and is co-sponsored by Representatives Robyn Niayuq Frier (D-Utqiagvik) and Mia Costello (R-Anchorage).
Whether a Democrat or Republican introduced the bill matters little, if at all, to the children HB 157 will impact. Sibling relationships are hugely important, life-long blessings for many individuals. HB 157 is a win for Alaskans with pro-family values.
