Alaska

Surrogacy Is Legal in Alaska
Gestational surrogacy is allowed and practiced legally in Alaska. Because Alaska lacks specific legislation or case law addressing surrogacy, surrogacy arrangements are typically governed by court decisions and legal interpretations.

Understanding Surrogacy Laws in Alaska
Legal Parentage
The legal parentage process is the critical step whereby parentage is determined. Depending on where your child is born, the parentage orders will be completed either pre- or post-birth.

Every state, whether pre-birth, post-birth, or some combination of the two, has its own unique process and requirements. Working with an experienced Assisted Reproductive Technology lawyer and reputable agency is critical to the success of a surrogacy journey.

Pre-Birth Orders
The pre-birth process means that the relevant state law provides an avenue for the parties to present an order to a judge for entry prior to the child being born that establishes the intended parent(s) as the legal parents of the child. It will also likely direct the hospital to release the child to the intended parents after discharge and order the state’s Office of Vital Records to name the intended parents on the child’s birth certificate.

Alaska grants pre-birth orders to married, heterosexual couples using their own egg and sperm. Although it is generally anticipated that courts would also establish parentage pre-birth for intended parents regardless of sexual orientation, marital status, or genetic link to the expected child, with limited surrogacy journeys in Alaska, it is currently preferable to only plan for a pre-birth order for married, heterosexual couples with full genetic connection. In any case, regardless of the factual specifics, a hearing is most likely required and all parties can be ordered to appear.

Post-Birth Processes
The post-birth process is overall procedurally the same as the pre-birth, but it occurs after the child is born. Often this is because the relevant state law contemplates the existence of a live child before anything can be filed or entered. But the ultimate result is the same – a birth certificate with the intended parents’ names and secure legal parentage of the child in favor of the intended parents. Post-birth court orders may be necessary if the pre-birth order process isn’t followed, ensuring legal parentage.

If the pre-birth process is not possible, Alaska permits post-birth orders but note that this will likely take the form of an adoption if there is no genetic connection to the child.

Common Questions About Alaska Surrogacy Law
Do You Need a Medical Need for Surrogacy in Alaska?
Because of the limited cases, it is unclear if Alaska requires a medical need for surrogacy. Therefore, it is preferable and recommended that the intended parent(s) have a qualifying medical need – meaning there are medical reasons a person cannot carry their own child. Some examples of medical needs include unexplained infertility, lack of a uterus or vagina, scarring on the uterus, and a history of complicated pregnancies or miscarriage(s). Existing medical conditions like heart disease, kidney disease, diabetes and pregnancy conditions such as preeclampsia and gestational diabetes that could impact a woman’s ability to carry a child to term or put her life at risk would also qualify as a medical need.

Are There Any Requirements or Specifications for Intended Parent(s) as It Relates to Marital Status?
While there are no official requirements or specifications, legal experts recommend that only married, heterosexual couples pursue surrogacy in Alaska. Outcomes for other intended parent(s) is uncertain because of limited cases and journeys. For other intended parents, legal experts recommend partnering with a reputable surrogacy journey to explore their options.

Do Intended Parent(s) need a genetic connection to the embryo?
It is preferable that both intended parents be genetically related to the embryo when pursuing surrogacy in Alaska.

Can International Intended Parent(s) Pursue Surrogacy in Alaska?
International parents can pursue surrogacy in Alaska. Learn more about becoming a parent with international family building.

Can LGBTQIA+ Intended Parents safely pursue surrogacy in your state?
While Alaska does not expressly prohibit same sex parents from pursuing surrogacy, it is not recommended because of limited cases for establishing parental rights. For the non-genetic parent, a post-birth adoption would likely be necessary to secure parental rights. Members of the LGBTQ+ may prefer to explore their family building options with a reputable surrogacy agency to match with a surrogate in a LGBTQ+ surrogacy friendly. Learn more about surrogacy and the LGBTQ+ Community.

Can I Use My Own Surrogate? Is Altruistic Surrogacy Permitted?
Yes, altruistic surrogacy is permitted in Alaska. Even if you have a surrogate, you may still choose to partner with a surrogacy agency to navigate your journey.

Are there any residency requirements for either Intended Parent(s) or surrogates in Alaska?
Generally no. Intended parents do not need to be Alaska residents to carry out a surrogacy journey in Alaska. Similarly, Gestational Carriers are not required to reside in Alaska, but they usually must give birth within the state.

Are there any written laws (statute or case law) relating to the rights of gestational carriers?
No, there are no written laws relating to the rights of gestational carriers. Learn more about surrogate rights.