Like many states with no surrogacy laws, Alaska is actually a fairly surrogacy-friendly state. In the absence of state statutes and published case laws, surrogacy professionals in Alaska have created a process that safely and securely guides intended parents and surrogates through this family-building process.
However, because there are no surrogacy laws in Alaska, it’s important that all intended parents and prospective surrogates work with an experienced surrogacy attorney in Alaska from the beginning of their journey. Only an attorney can provide the legal guidance you need to keep your rights and interests safe in an Alaskan surrogacy.
In the meantime, American Surrogacy has answered some of your most commonly asked questions about surrogacy in Alaska below. For more information about the surrogacy process in general, please contact our surrogacy specialists today.
Q: Is surrogacy legal in Alaska?
A: There are no surrogacy laws in Alaska, but the courts are generally favorable to the surrogacy process. Like many other states with no surrogacy laws, Alaska has an established surrogacy process for intended parents and surrogates to follow with the guidance of an experienced surrogacy professional. If you are considering surrogacy in Alaska, know that this is a possible family-building path for you.
Q: Is compensated surrogacy legal in Alaska?
A: Yes. Because there are no laws regulating surrogate compensation in Alaska, surrogates have the right to receive base compensation for their services, as determined in their surrogacy contract.
Q: Is traditional surrogacy legal in Alaska?
A: Yes. There are no laws or statutes prohibiting traditional surrogacy, so it is a legal option for intended parents and surrogates in Alaska.
Q: What does a surrogacy agreement in Alaska cover, and how does the legal process work?
A: Surrogacy contracts in Alaska are similar to surrogacy contracts in any other state in the U.S. They must be drafted with two separate lawyers — one representing intended parents and another representing the surrogate — and should address all potential circumstances and complications that could arise in a surrogacy in Alaska.
While there are no specific surrogacy laws in Alaska regarding the drafting of surrogacy contracts, you should look for these aspects in a proper contract:
- Rights and responsibilities of both parties
- Potential risks and liabilities
- Surrogate compensation
- Agreement on sensitive issues, like selective reduction and termination
- Contact expectations
- Hospital plan
- And more
Once intended parents and surrogates in Alaska have discussed and approved their surrogacy contracts, the medical process of surrogacy can begin.
Q: Are surrogacy contracts (whether compensated or altruistic) enforceable in Alaska?
A: Because there are no statutes regarding surrogacy contracts in Alaska, the enforceability of these contracts is not yet legally defined. It’s recommended that you speak with a surrogacy attorney in Alaska for more information regarding this. However, because surrogacy contracts are legal contracts, they likely will be upheld in a court of law if any disputes were to arise.
Q: What are the surrogacy laws in Alaska on parentage orders?
A: In 1989, the Alaska Supreme Court equated surrogacy with adoption, thus making a post-birth adoption necessary. However, in 2014, a court granted a pre-birth order to a heterosexual couple using their own egg and sperm. Since then, courts have granted parentage declarations (pre-birth orders) in similar situations: married heterosexual couples using their own egg(s)/sperm.
Like in many states, the availability of pre-birth parentage orders in Alaska will depend upon the court and the judge overseeing the surrogacy case. Again, speak with a local surrogacy attorney in Alaska for more information about what parentage orders may be obtained in your county.
Q: Are there any particular laws for parents outside the U.S. who complete a surrogacy in Alaska?
A: Because there are no surrogacy laws in Alaska, there are similarly no specific surrogacy laws for international intended parents. Intended parents from a different country who are completing a surrogacy in Alaska should speak with a local surrogacy attorney and immigration attorney to understand what process awaits them.
Q: When do intended parents need to complete an adoption after birth?
A: In cases where only one intended parent has a genetic relationship to the child, the court may require the other parent to do a stepparent or second-parent (or “co-parent”) adoption after the birth. In such a case, if the intended parents do not reside in Alaska, they may have to file for the second-parent adoption in the state of their residence.
Because there are few published cases regarding surrogacy in Alaska, especially surrogacy with donated gametes, the legal situations surrounding these cases are unclear. The best way to learn what steps you’ll need to take to establish your parental rights is by speaking with a local Alaska surrogacy attorney.
Q: Does Alaska allow second-parent adoptions? Who would need to complete a second-parent adoption vs. a stepparent adoption (if applicable)?
A: Second-parent adoptions have been allowed and completed in Alaska, although they are not addressed in the state adoption statute. The availability of a second-parent adoption may also vary based on the court and the judge overseeing the surrogacy case. Speak with an attorney to learn more.
Q: What happens in cases where intended parents use a donor egg, sperm or embryo?
A: As mentioned, if one or both of the intended parents have no genetic relationship to the child born via surrogacy, adoption may be necessary. The availability of a pre-birth order may also vary based on your location and the judge overseeing your case.
If necessary, a post-birth adoption order can be completed in the vast majority of surrogacy cases in Alaska.
Q: Are there any additional laws impacting same-sex surrogacy in Alaska?
A: No. Remember, there are no surrogacy laws in Alaska and, therefore, there are no particular laws that only apply to LGBT intended parents. The process will be the same, excepting any adoption orders needed due to egg or sperm donors.
If you are considering surrogacy in Alaska, the first thing you should do is contact experienced surrogacy professionals. These professionals can explain the process that awaits you and, when you’re ready, guide you through the many steps of your surrogacy journey.
At American Surrogacy, our specialists are happy to work with both intended parents and surrogates from Alaska. Our agency can provide the case management and support services you need to have a successful, stress-free surrogacy experience. To learn more about our surrogacy program today, please call 1-800-875-2229(BABY).
Surrogacy laws in Alaska are always subject to change, and American Surrogacy makes no guarantee that this information is the most up-to-date available. This page should not be taken as legal advice; please contact a local surrogacy attorney in Alaska for the most recent and accurate legal information about surrogacy in Alaska.