Alaska surrogacy laws & gestational process guidelines

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

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.