GESTATIONAL SURROGACY 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
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.
Same-Sex Surrogacy in Alaska
Q: Is Same-Sex Surrogacy Legal in Alaska?
A: 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?
A: No. There are no additional laws impacting same-sex parents in this state.
Q: Are Surrogacy Contracts (Whether Compensated or Altruistic) Enforceable in Alaska?
A: This is unclear. Since a surrogacy contract is like any other legal contract; however, it is presumed that the contract would be enforceable but it is important to consult with an attorney to assure that this is the case in your unique situation.
Q: Are There Any Particular Laws for Parents Outside the U.S. Who Complete a Surrogacy in Alaska?
A: 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.
Q: When do Intended Parents Need to Complete an Adoption After Birth?
A: 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.
Q: Does Alaska Allow Second-Parent Adoptions? Who Would Need to Complete a Second-Parent Adoption vs. a Stepparent Adoption (If Applicable)?
A: 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.
Q: What Happens in Cases Where Intended Parents Use a Donor Egg, Sperm or Embryo?
A: 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.
REPRODUCTIVE LAW PRACTITIONERS
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