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STATE SURROGACY LAW:

Alaska Surrogacy Laws

Overview

Alaska has no statutes or case law that restrict surrogacy. In the past, a post-birth adoption has been used to establish parentage in surrogacy cases; a 1989 Alaska Supreme Court ruling compared surrogacy to adoption, which resulted in a need to establish parentage via adoption in surrogacy cases. 

However, in 2014, a court issued a pre-birth order to a married heterosexual couple using their own egg and sperm with a gestational carrier. Since then, courts have granted both pre-birth and post-birth orders, although post-birth orders have been the more common of the two.

Types of Surrogacy Available in Alaska

Can a parentage order be obtained for the following?

Although traditional surrogacy isn’t prohibited in Alaska, many attorneys and agencies advise against it due to the increased legal risks involved because a surrogate legally can’t be forced to give up her parental rights.

Gestational surrogacy

YES

Commercial surrogacy

YES

Traditional surrogacy

YES

Altruistic surrogacy

YES

Parentage

Who can be declared as the parent(s) of a child from a surrogate via a court parentage order?

💚 – Both Intended Parent(s) can be named on the parentage order

💛 – Only a genetic Intended Parent can be named on the parentage order. A non-genetic Intended Parent will need to establish parentage via a second or stepparent adoption following birth.

How are Intended Parent(s) Listed on the Birth Certificate?

Intended Parent(s) may be listed as Father-Mother, Parent-Parent, or Mother or Father

Rights of Egg or Sperm Donor(s)

Alaska does not have statutes or published case law that addresses the rights of a donor over the resulting eggs, sperm, embryo or child. In the absence of legal opinion, it is presumed that the use of donor gametes will not prohibit the intended parents from claiming parentage.

Surrogacy Steps in Alaska

Surrogacy Process in Alaska

Select your agency if applicable

Match with a gestational carrier

Complete medical and psychological evaluations

Select attorneys for the intended parents and gestational carrier and complete the gestational carrier agreement

Begin IVF cycle with surrogate

Pre-birth order

Alaska allows pre-birth orders to be filed. Proceedings begin after first trimester.

Delivery and birth certificate finalization

Birth Certificate Timeline

Birth certificate

5-10 business days with a pre-birth order

Legal and medical steps involved in the surrogacy process may differ from case to case. Please speak with your agency and attorneys about how the process might look for you.

Court Processes

Surrogacy Contracts

Because of the absence of legal opinion, it is not clear whether surrogacy contracts in Alaska are enforceable. Reported experience suggests they would be.

Independent Counsel

Independent counsel is recommended, but not required, to participate in a surrogacy agreement.

Requirements for Surrogates and Intended Parent(s)

Alaska has no statutory requirements that must be met for surrogates and Intended Parent(s) to participate in a surrogacy agreement. However, agencies and fertility clinics have their own requirements based on he American Society for Reproductive Medicine, the American Medical Association, and the American Academy of Adoption and Assisted Reproduction Attorneys

Birth Orders

Do courts issue pre-birth orders?

YES

Do courts issue post-birth orders?

YES

Are hearings required to obtain either pre- or post-birth orders?

NO

Pre-birth orders may be more easily obtained for married, heterosexual Intended Parent(s) with a genetic connection to their child. However, post-birth orders have largely been available to most Intended Parent(s).

A hearing is not required for pre- or post-birth orders, but it is required for adoption proceedings.

Bases of Venue

What are the bases of venue?

County of the child’s birthplace, county of the Intended Parent’s residence, county of the gestational carrier’s residence, or county which is most convenient for the parties.

Do rulings vary by venue?

UNCLEAR

Can you file a motion to waive venue?

YES

International Issues

International Intended Parent(s) will have additional legal steps to complete before their return home regarding their country’s immigration and citizen laws that impact the child. It’s imperative the international Intended Parent(s) speak with an experienced attorney in their home country about their situation. The law of more than one country will need to be considered if the Intended Parent(s) are citizens or residents of more than one country. 

Residency Requirements

Does Alaska have any residency requirements for out-of-state or International Intended Parents?

NO

Birth Certificates

Can an international same-sex male couple receive an initial birth certificate naming the biological father and Gestational Carrier?

YES

Can an international same-sex male couple obtain an initial birth certificate naming only the biological father?

NO

Can they obtain a subsequent birth certificate naming only the Intended Parent(s) with no mention of the Gestational Carrier?

YES

Passport Timeline

6-8 weeks after submitting birth certificate.

Passports can be expedited for a 2-3 week delivery with an extra fee. Intended Parent(s) can also visit a regional passport agency to receive one within 1-2 business days.

Passports are regulated at the federal level in the United States. To learn more about the process of receiving a US passport, visit Travel.State.gov.

Consulting Attorneys

Lori Colbert
Mendel Colbert & Associates, Inc. 
1215 West 8th Avenue
Anchorage, AK 99501 
(907) 279-5001
lcolbert@mendelcolbert.com
www.mendelcolbert.com

Legal Disclaimer

The content contained in this website is provided for informational purposes only. Content contained herein may or may not reflect the most current legal information on the subject; accordingly, this website is not promised to be correct or complete at any given time. Outcomes referenced should not be interpreted as an indication of future outcomes. Love & Kindness Surrogacy explicitly disclaims all liability for actions taken or not taken based on the contents of this website.

This website does not constitute a replacement for legal advice or counsel. Always consult an attorney before beginning the surrogacy process.

Last updated October 2019

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