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Alaska Surrogacy Law Overview

The Center for Surrogate Parenting walks you through Alaska surrogacy law

Surrogacy is a beautiful family-building method. However, it can be complex, especially when it comes to the laws surrounding it. Thankfully, our experienced surrogacy agency is well-versed in the surrogacy laws of each state, including Alaska surrogacy law.

As the oldest surrogacy agency in the world, we have helped U.S. and international parents to welcome healthy babies with help from U.S. surrogates. We are proud to say that we have never experienced issues with intended parents being able to bring their babies home.

To help you learn more about Alaska surrogacy law and how to create a surrogacy contract, we’ve included some basic information below. You can also contact us for more information.

    • Is a surrogacy contract valid and enforceable?

      Yes, surrogacy is an accepted practice in Alaska. There are no statutes or published case law permitting or prohibiting it.

    • Does the state have surrogacy laws and/or case law?

      No, but in 2014, an Alaskan court granted a pre-birth order to a heterosexual couple using their own egg and sperm. Since then, the courts have granted parentage orders under similar circumstances.

    • Are the courts typically favorable or unfavorable towards surrogacy arrangements?

      The courts are typically favorable.

    • Is commercial surrogacy legal?

      Yes, commercial surrogacy is legal, and the intended parents can compensate the surrogate for her time and expenses. Such compensation is typically arranged for in a surrogacy contract.

    • Is traditional surrogacy permitted?


    • Is gestational surrogacy allowed?


    • What are the requirements for an enforceable surrogacy contract?

      There are no relevant statutes or any legal precedent for this in Alaska. As a result, the elements of an enforceable surrogacy contract vary. However, the intended parents and the surrogate (and her spouse, if applicable) should have independent legal counsel. The surrogate should also meet specific qualifications.

    • Are pre-birth and post-birth orders permitted?

      Pre-birth and post-birth parentage orders may be permitted. When and under what circumstances a parentage order will be granted remains widely uncertain. However, overall pre-birth orders are typically less likely to be granted than post-birth orders. In any case, a hearing is not required to obtain a pre-birth order.

    • Can both intended parents be declared the legal parents?

      The answer will greatly depend on the court and the judge. Because Alaska has heard very few cases on surrogacy arrangements, the results vary. For a post-birth adoption order, it is very likely that both intended parents will be declared the legal parents, regardless of whether they are married, single or a couple, or genetically related to the child.

    • Will the state honor a pre-birth order issued by another state?

      Most likely yes.

    • What do intended parents need to know about getting the baby’s birth certificate?

      The timeframe for a birth certificate is about one week after delivery. Same sex intended parents are listed as Father and Parent, or Mother and Parent.

      It is unclear whether an international gay couple can obtain an initial birth certificate that names the biological father only. It is also unclear whether an international gay couple can subsequently obtain a birth certificate that names only the biological father or both fathers, with no mention of the gestational carrier.

    • Are post-birth adoptions permitted?

      Post-birth adoptions (both second parent and stepparent adoptions) are common and can help secure legal parental rights.

VorzimerMasserman Disclaimer: This is a summary for informational use only and should not be relied upon for legal advice. Please note that the state laws regarding surrogacy frequently change and vary from county to county. The attorneys of VorzimerMasserman are only licensed in California. VorzimerMasserman shall not be responsible for any liability associated with this list.