Learn About Third-Party Assisted Reproduction & Surrogacy Law in Alaska
Everything you need to know about surrogacy law in Alaska.
Disclaimer: This content is for informational purposes only and does not constitute legal advice. Klein Fertility Law provides guidance tailored to your unique circumstances, and you should always consult with qualified legal counsel
Key Legal Requirements in Alaska
- Gestational surrogacy is permitted.
- Surrogacy agreements are still recommended to outline expectations and protections.
- Pre-birth parentage orders may be granted, depending on the facts of the arrangement and jurisdiction.
- Independent legal representation is advised for all parties.
- Court involvement is required to finalize parentage and ensure birth certificates reflect each intended parent as the parent of their child.
Alaska Surrogacy Law: What You Need to Know
Surrogacy is allowed in Alaska for single parents, married or unmarried couples, and same-sex couples. While the enforceability of surrogacy contracts is uncertain, agreements remain an important safeguard for both intended parents and surrogates. Parentage is typically secured through court proceedings, helping ensure that intended parents are recognized on the child’s birth certificate.
Alaska Surrogacy at a Glance | Compensated Surrogacy | Occurs in practice, but contracts may be unenforceable |
|---|---|
| Same-Sex Couples | Permitted |
| Single Parents | Permitted |
| Married Intended Parents | Permitted |
| Unmarried Intended Parents | Permitted |
| Pre-Birth Parentage Orders | Allowed (dependent on the facts of the surrogacy arrangement and jurisdictional limitations) |
| Gestational Surrogacy | Permitted |
| Traditional Surrogacy | Permitted, but more legally complex and less common |
| Surrogacy Agreement | Although surrogacy agreements in Alaska may be unenforceable, it is highly recommended |
| Legal Representation | Independent legal representation for each party is recommended |
| Health Insurance for Surrogates | Surrogates should have health insurance coverage for a surrogate pregnancy, addressed in the gestational surrogacy agreement |
| Parental Rights for Non-Genetic Intended Parents | Most likely not an issue; however, may include a post-birth legal process |
| Eligibility for International Intended Parents | Allowed, but requires additional steps depending on the laws of their home country |
| Court Involvement | Required for parentage orders |
| Birth Certificate | The parent(s) named on a parentage order, will be placed on their child’s original birth certificate as the parent(s) |
| Post-Birth Timeframe to travel home | Domestic: Immediately International: 4-6 weeks post-birth |
Surrogacy laws can be complex and may vary depending on specific circumstances. It's crucial to consult with an attorney for personalized advice.