Alaska Surrogacy: Laws & Complete Guide
General Surrogacy context in Alaska
In the Alaska Surrogacy Guide, SurrogateFirst compiles the latest available information from official sources to answer key questions, including:
- Is gestational and traditional surrogacy legal in Alaska?
- What specific surrogacy requirements apply in Alaska, if any?
- What must be included in a legally valid Alaska surrogacy contract?
- What factors influence the cost of surrogacy in Alaska, including s compensation and agency fees?
- What influences how much surrogacy costs and surrogates get compensated in Alaska compared to other states?
- How friendly is LGBTQ+ surrogacy in Alaska?
Is Surrogacy Legal in Alaska?
Statutory & case-law breakdown In Alaska
There are no statutes or published case law surrogacy laws permitting or prohibiting surrogacy in Alaska so it is considered legal. Surrogacy professionals have created a solid process that guides intended parents and surrogates throughout their journeys; one that protects the rights of all parties involved.
Although the following guide can give you a better understanding of the general rules and regulations of surrogacy in Alaska, it is not meant to be used as legal advice. It is important to consult with an experienced attorney to guide you through your unique journey.
Below is a list of some of the most frequently asked questions about surrogacy in Alaska.
Is Gestational Surrogacy Legal in Alaska?
Yes. There are no statutes or published case law in Alaska permitting or prohibiting surrogacy so it is considered legal. Surrogacy professionals have established a process for intended parents and surrogates to follow to ensure a successful journey.
Is Traditional Surrogacy Legal in Alaska?
Yes. Similar to gestational surrogacy, there are no laws prohibiting traditional surrogacy so it is presumed to be legal. However, very few surrogate attorneys will complete a traditional surrogacy because it is a more complex process with more legal and emotional risks associated with it.
Is Traditional Surrogacy Legal in Alaska?
Yes. There is no Alaska surrogacy legislation that limits the amount of base compensation a surrogate can receive; this is something that is established when the surrogacy contract between surrogates and intended parents is drafted. In addition to their base pay, surrogates are compensated for their time, the medical risks they accept, and the list of expenses below:
- Mock cycle compensation
- Embryo transfer compensation
- Starting medication compensation
- Monthly allowance for miscellaneous expenses
- Monthly Housekeeping budget
- Maternity clothing budget
- Medical expenses
- Travel to and from clinic/hospital
- Lost wages if applicable
- Child care if bed rest is required
- Term life insurance
- Medical insurance
- Independent legal counsel
- Psychological counseling
- Other depending on agency
Definitions: Learn about the difference between all the types of surrogacy here or click the terms to understand each more in depth:
- Gestational Surrogacy vs Traditional
- Compensated Surrogacy (Commercial) vs Altruistic Surrogacy are
Surrogate Compensation in Alaska
Surrogate compensation in the U.S. follows national industry standards and is not determined by state law. Outside of California, compensation ranges are largely consistent nationwide. (California experiences slightly higher ranges due to market demand and cost of living) However, the factor of experience affects more greatly the compensation: repeat surrogates typically receive higher compensation.
Surrogacy Costs in Alaska
For intended parents, the overall cost structure of surrogacy is the same in every state, but individual line items may vary depending on location and professional fees.
Costs related to clinics, legal services and procedures, as well as insurance can vary by state, provider, and individual circumstances. While surrogate compensation, escrow management, agency fee
Surrogacy requirements:
who can become a surrogate in Alaska?
Short answer: it is the same as in most states. Surrogate eligibility requirements are largely the same across all U.S. states, as they are driven by the American Society for Reproductive Medicine (ASRM) guidelines as medical guidelines, clinic standards, and ethical best practices rather than state law. There are 3 main categories of criteria that apply in this state and nationwide. However, there are many more details involved. Click below to understand the criteria into details.
- Health Based Requirements
- Lifestyle Factors
- Support System.
Note: While the surrogate requirements are consistent nationwide, intended parents must also meet any legal requirements related to contracts and parentage orders of the state they choose to conduct the surrogacy in, which are handled separately (below).
Surrogacy Contract & Court orders in Alaska
Creating an Alaska Surrogacy Contract
There are no state regulations that address the process of creating surrogacy agreements in Alaska. However, intended parents and their surrogate must be represented by separate surrogacy attorneys to ensure that each parties’ rights and interests are protected. These two attorneys will negotiate an agreement that addresses at least the following:
- The rights and responsibilities of each party
- Any potential risks and liabilities and the steps to take should they occur
- Surrogate compensation and other financial information, like surrogacy insurance
- Agreements on sensitive issues like selective reduction and termination
- And more
Once the contract is agreed upon and executed, the medical process of surrogacy can begin.
Determining Legal Parentage in Alaska
Beginning in 2014, Alaska courts began granting pre-birth parentage orders to married heterosexual couples who used their own eggs and sperm (i.e., both Intended Parents share a genetic relationship with the child). It is unclear whether pre-birth orders will be granted under different circumstances (same-sex couples, unmarried couples, or where one or neither intended parent shares a genetic relationship with the child); these situations may require a post-birth adoption.
Most Common FAQ about surrogacy in Alaska
Below is a list of some of the most frequently asked questions about surrogacy in Alaska:
Are Surrogacy Contracts (Whether Compensated or Altruistic) Enforceable in Alaska?
This is unclear. Since a surrogacy contract is like any other legal contract, it is presumed that the contract would be enforceable, but it is important to consult with an attorney to ensure that this is the case in your unique situation.
Are There Any Particular Laws for Parents Outside the U.S. Who Complete a Surrogacy in Alaska?
No. There aren’t any particular laws for parents outside the United States who complete a surrogacy in Alaska because there are no specific surrogacy laws. It is important, however, that intended parents from another country speak with an immigration lawyer to ensure they follow the proper legal steps for taking their child home.
When Do Intended Parents Need to Complete an Adoption After Birth?
In situations where only one of the intended parents has a genetic relation to the child, courts in Alaska may require the parent who is not genetically related to complete a stepparent adoption or a second-parent adoption after the birth of the child born through surrogacy. It is unclear whether pre-birth orders will be granted under different circumstances (same-sex couples, unmarried couples, or where one or neither intended parent shares a genetic relationship with the child), and in such situations, a post-birth adoption may be necessary.
Does Alaska Allow Second-Parent Adoptions? Who Would Need to Complete a Second-Parent Adoption vs. a Stepparent Adoption (If Applicable)?
Alaska doesn’t have a statute regarding second-parent adoptions related to surrogacy, but second-parent adoptions have been completed in this state. Granting second-parent adoptions in Alaska will vary based on the court and the judge overseeing the case.
What Happens in Cases Where Intended Parents Use a Donor Egg, Sperm, or Embryo?
It is unclear whether pre-birth orders will be granted in situations where intended parents use a donor egg, sperm, or embryo. In these cases, a post-birth adoption may be necessary. The ability to obtain a pre-birth order will vary based on your county of residence and the judge overseeing your case.
Same Sex surrogacy in Alaska
Q: Is Same-Sex Surrogacy Legal in Alaska?
Yes. Same-sex couples and LGBT+ intended parents have the same legal rights and will experience generally the same surrogacy process as opposite-sex couples, with the exception of likely requiring an egg donor or sperm donor to complete the IVF procedure.
Q: Are There any Additional Laws Impacting Same-Sex Parenting in Alaska?
No. There are no additional laws impacting same-sex parents in this state.
Surrogacy Agencies & Legal Professionals in Alaska
Looking for a Surrogacy Agency in Alaska?
Whether a surrogate or intended parent(s), SurrogateFirst offers nation wide coverage and is there to accompany you on your journey in Alaska as your surrogacy agency.
Find out more about how SurrogateFirst can support in Alaska here:
Looking for a surrogacy attorney in Alaska, Anchorage?
Choosing the right professionals is an essential part of any surrogacy journey. Here is a non-exhaustive directory of legal professionals active in Alaska, provided for informational purposes.
Lori Colbert
Anchorage, AK
info@mendelcolbert.com
Visit Colbert Family Law for more details
(907) 279-5001
Need some help with Legal Aspects of surrogacy in Alaska?
What is the Surrogacy Process in Alaska?
The surrogate process – when it comes to gestational surrogacy – follows the same surrogacy program in all states:
- Step 1 . Learning & Research
- Step 2: Application & Consultation
- Step 3. Matching
- Step 4. Medical Screening
- Step 5. Contract & Escrow
- Step 6. Insurance coordination 1 week
- Step 7. IVF & Embryo transfer 6-7 weeks
- Step 8. Pregnancy 36-38 weeks
- Step 9. Delivery & Birth a few hours
