Gestational Surrogacy Regulations in Alaska

Overview

Gestational Surrogacy is generally permitted in Alaska. There is no statutory law that
expressly permits surrogacy and courts are typically favorable towards surrogacy
arrangements. Pre-Birth Orders are granted to married heterosexual couples who used their
own eggs and sperm. It is unclear whether Pre-Birth Orders will be granted under different
circumstances.

Intended Parents

Age requirement:
18 years of age or older
Marriage requirement:
No
Married heterosexual couple:
Yes
Married same-sex couple:
Yes*
Unmarried heterosexual couple:
Yes*
Unmarried same-sex couple:
Yes*
Resident status:
Yes*
Independent legal counsel:
Yes

Gestational Surrogates

Age requirement:
18 years of age or older
Marriage requirement:
No
If married/partnered:
husband’s/partner’s sperm cannot be used
Surrogate status:
Gestational Surrogacy
Resident status:
Yes*
Use of own embryos:
No
Independent legal counsel:
Yes
*as long as the IPs or GC are residents of Alaska there is a basis for venue in Alaska* ´

Embryos

Intended Parents own sperm:
Yes
Intended Parents own eggs:
Yes
Intended Parents using sperm donor:
Yes
Surrogate status:
Gestational Surrogacy
Intended Parents using egg donor:
Yes
Intended Parents using both egg and sperm donor:
Yes*

Birth of Child

Birth in Alaska:
Yes
Birth outside of Alaska:
Yes*

Pre-Birth Orders are typically filed in Anchorage. Pre-Birth Orders have been granted for
married heterosexual couples who used their own eggs and sperm. It is unclear whether
Pre-Birth Orders will be granted under different circumstances.

Parentage

Pre-Birth Orders:
Yes
Hearing to obtain Order:
Yes
Post-Birth Orders:
Yes*

General Information

Will Alaska Vital Records honor a Pre-Birth Order from another state:
Yes*
What is the typical time frame to obtain a birth certificate after delivery:
1 week with a Pre-Birth Order
How are same-sex parents named on the final birth certificate:
Parent and Parent
Can an international same-sex male couple obtain an initial birth certificate naming the biological father and Gestational Carrier:
Yes*
Can an international same-sex male couple subsequently obtain a birth certificate naming only the biological father or both fathers with no mention of the Gestational Carrier:
Yes

Second Parent and Stepparent Adoptions for Alaska Residents:

*This situation typically arises if the child is born outside of Alaska. The parents then return to Alaska to obtain a second parent adoption or stepparent adoption in Alaska. Second Parent and Stepparent adoptions are granted to couples living in Alaska. Second Parent and Stepparent adoptions may be necessary in Alaska due to the uncertainty regarding Pre-Birth Orders. *

Traditional Surrogacy in Alaska?

*Traditional Surrogacy is not expressly prohibited in Alaska. Although it may be allowed in Alaska because no statute or published case law prohibits it, it is not the general accepted practice*
Legal content provided by:

Disclaimer - The information provided on these pages does not, and is not intended to, constitute legal advice; all content is for general informational purposes only and may not constitute the most up-to-date legal information, either. Please consult with an ART Lawyer for legal advice specific to your case.