In Alaska, the courts are generally favorable toward gestational surrogacy. That is to say, no statute or published case law prevents it. With that said, pre-birth adoption orders have only been granted to married heterosexual couples using their own egg and sperm. In other cases, post-birth adoption orders have been the standard.
Similarly, the courts are favorable toward traditional (genetic) surrogacy in Alaska; again, no statute or published case law prohibits it.
No explicit requirements exist to serve as a gestational surrogate in the state of Alaska.
Parentage Orders: Post-birth adoptions are common in Alaska. Pre-birth orders are only granted under extremely specific conditions, so the counsel below is provided for post-birth orders.
For post-birth orders, the conditions under which intended parents can be declared legal parents if at least one parent is genetically related to the child are listed below:
*It is likely they could be declared legal parents, but currently no precedent exists.
For post-birth orders, the conditions under which intended parents can be declared legal parents if neither parent is genetically related to the child are listed below:
Yes
Same-sex parents are named on birth certificates as “father and parent,” or “mother and parent.”
Beyond that designation, the law is extremely unclear for same sex couples and surrogacy in Alaska. There exists no precedent for how birth certificate designation can be changed or challenged.
There is no legal precedent in Alaska that clearly defines the rights to donated eggs or sperm involved in a surrogacy arrangement.
Lori A. Colbert
Mendel Colbert & Associates, Inc.
1215 W. 8th Avenue
Anchorage, AK 99501
Phone: 907.279.5001
www.mendelcolbert.com
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