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:

Married heterosexual couple:

Yes

Married same-sex couple:

Yes*

Unmarried heterosexual couple:

Yes*

Unmarried same-sex couple:

Yes*

*Because there is no case law it is unclear whether these circumstances would be accepted by the court. Please consult with a local attorney to determine if you can move forward with gestational surrogacy under these conditions

Resident status:

Yes*

Independent legal counsel:

Yes

Gestational Surrogates

Age requirement:

18 years of age or older

Marriage requirement:

If married/partnered:

husband’s/partner’s sperm cannot be used

Surrogate status:

Gestational Surrogacy

Resident status:

Yes*

Use of own embryos:

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

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* (post-birth adoptions are considered an easier and more efficient alternative in Alaska to be listed as a parent)

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.

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.