Is Surrogacy Legal in Alaska?

Surrogacy Law in Alaska

Alaska Surrogacy Law: Types of Surrogacy

In Alaska, the courts are generally favorable toward gestational surrogacy. That is to say, no statute or published case law prevents it. With that said, pre-birth adoption orders have only been granted to married heterosexual couples using their own egg and sperm. In other cases, post-birth adoption orders have been the standard.

Similarly, the courts are favorable toward traditional (genetic) surrogacy in Alaska; again, no statute or published case law prohibits it.

Are There Surrogate Requirements in Alaska?

No explicit requirements exist to serve as a gestational surrogate in the state of Alaska.

Does Alaska Surrogacy Law Allow for Pre-Birth Orders?

Parentage Orders: Post-birth adoptions are common in Alaska. Pre-birth orders are only granted under extremely specific conditions, so the counsel below is provided for post-birth orders.

For post-birth orders, the conditions under which intended parents can be declared legal parents if at least one parent is genetically related to the child are listed below:

Yes

Married heterosexual couples, using their own egg and own sperm (in some counties)
Married heterosexual couples, using an egg donor or sperm donor (in some countries)
Unmarried heterosexual couples, using their own egg and own sperm
Unmarried heterosexual couples, using an egg donor or sperm donor
Single parent using own egg or sperm
Married same sex couples*
Unmarried same sex couples*

*It is likely they could be declared legal parents, but currently no precedent exists.

Noo

For post-birth orders, the conditions under which intended parents can be declared legal parents if neither parent is genetically related to the child are listed below:

Yes

Married heterosexual couples (in some counties)
Unmarried heterosexual couples
Single parent

No

Whose names go on the birth certificate in Alaska?

Same-sex parents are named on birth certificates as “father and parent,” or “mother and parent.”
Beyond that designation, the law is extremely unclear for same sex couples and surrogacy in Alaska. There exists no precedent for how birth certificate designation can be changed or challenged.

Surrogacy Conditions for Same-Sex Couples in Alaska

Are There Options for Unmarried Intended Parents in the state of Alaska?

Egg Donation Law

There is no legal precedent in Alaska that clearly defines the rights to donated eggs or sperm involved in a surrogacy arrangement.

State law information verified by the following (ART) Assisted Reproductive Law attorney licensed in Alaska*

Lori A. Colbert
Mendel Colbert & Associates, Inc.
1215 W. 8th Avenue
Anchorage, AK 99501
Phone: 907.279.5001

www.mendelcolbert.com

* This information is for general informational purposes only and is not, nor is it intended to be, legal advice. We strongly recommend retaining legal counsel, knowledgeable of reproductive law in the state.