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guardianship, and may not make the provision of any services, including health care services, conditional upon the child being relinquished for adoption or placed for guardianship purposes. (e) Documents indicating parental willingness to place the child for adoption must be signed in accordance with the parent’s emotional readiness to make the definitive decision, and not in accordance with the immediate needs of an adoptive family. (f) Except for an Indian child, an affidavit for voluntary relinquishment of parental rights must not be signed by the birth parent until 48 hours after the birth of the child. In the case of an Indian child
(1) under 25 U.S.C. 1913(a), a relinquishment of an Indian child is not valid if executed before or within 10 days after the birth of the Indian child; and
(2) under 25 U.S.C. 1913(c), a relinquishment of an Indian child may be withdrawn by the parent for any reason at any time before the entry of a final order of termination or a final decree of adoption. (g) The agency shall ensure that a parent understands the terms of a voluntary relinquishment and realizes that the agency will assume custody and will have the right to consent to adoption of the child in accordance with AS 25.23.040. The agency shall inform a parent making this decision that the parent has a right to a court appointed attorney in accordance with state law, if the parent cannot afford one. An agency shall inform a parent of an Indian child of the agency’s requirement to notify the child’s tribe under the Alaska Court Adoption Rule 10(e) and of the parent’s right to file a statement to prevent the notification in order to protect the privacy of the parent. An agency may require a parent to undergo a mental health or developmental disability evaluation to determine the parent’s capacity to make an informed decision to place their child for adoption. (h) A relinquishment of parental rights must be taken in court before a judge in accordance with AS 25.23.180 when
(1) the child is an Indian child under ICWA;
(2) the agency worker questions whether the parent comprehends the meaning or consequences of the relinquishment; or
(3) the parent requests a court hearing. (i) The agency shall inform a parent of the legal rights of each parent to the child, including each parent’s right to counsel, and shall ensure that the legal rights of each parent are addressed before making a placement. An agency shall obtain legal advice as needed in accepting a relinquishment or consent to adoption or guardianship. (j) The agency shall inform a parent of the possibility that the child at some future date may request additional family information or to contact the birth parent. The agency shall inform a parent that under AS 18.50.500 an adopted person 18 years of age or older has access to the person’s original birth certificate and any change in the birth parent’s name or address that the