Gestational Surrogacy is permitted in Alaska because no statute or published case law prohibits it.
Do courts grant pre-birth parentage orders? Traditionally, Alaska has used a post-birth adoption process in Gestational Surrogacy cases. In 2014, a court granted a pre-birth parentage order to a married heterosexual couple using their own egg and sperm. Because that court is in the judicial district that covers Anchorage and the vast majority of the population of the state, attorneys in the state are optimistic that more pre-birth parentage orders will be granted.
Who can get a court order if at least one parent is genetically related to the child?
Note that if the court order is a pre-birth parentage order, the answer to these questions is somewhat uncertain and depends on the court and judge. If the court order is by post-birth adoption order, the answer is more certain:
Who can get a court order if no parent is genetically related to the child?
What are the bases for venue? Intended Parents’ residence, Gestational Carrier’s residence, child’s birthplace, or convenience of the participants
Do results vary by judicial district? This is unknown with respect to pre-birth orders.
If yes, are motions to waive venue accepted? Yes
Is a hearing required to obtain a court order? A hearing is not required to obtain a pre-birth parentage order. A hearing is required for an adoption order and all parties can be ordered to appear, although it is within the court’s discretion. Requests to appear by telephone in Alaska are liberally granted, but not guaranteed..
Is a pre-birth order possible in Alaska based on a Gestational Carrier’s plan to deliver in Alaska, if no party lives in Alaska? Not likely to happen, based on the geographical location of Alaska, but the answer is still yes.
Will Alaska Vital Records honor a pre-birth order from another state? Unclear, but it probably would be honored.
What is the typical time frame to obtain a birth certificate after delivery? Approximately one week, following a pre-birth parentage order.
How are same-sex parents named on the final birth certificate? Father and Parent, Mother and Parent
Can an international same-sex male couple obtain an initial birth certificate naming the biological father and Gestational Carrier? Unclear, but possibly
Can they subsequently obtain a birth certificate naming only the biological father or both fathers, with no mention of the Gestational Carrier? Unclear
Can the non-biological parent in a same-sex couple obtain a second parent adoption based solely on the fact that the child was born in Alaska (i.e., neither of the Intended Parents lives in Alaska)? Unclear
If no, will Alaska Vital Records honor a second parent adoption order from another state and add the second parent to the birth certificate? Unclear, but likely
Note: This situation typically arises if the child is born outside of the state. The parents then return to Alaska to obtain a second parent adoption or stepparent adoption in Alaska.
Will courts in Alaska grant second parent or stepparent adoptions to heterosexual couples living in Alaska? Yes
Does the couple need to be married? No
Will courts in Alaska grant second parent or stepparent adoptions to same-sex couples living in Alaska? Unclear
Does the couple need to be married? No
Is there a statute or published case law that addresses the rights of a donor over the resulting eggs, sperm, embryo or child? No
Traditional Surrogacy is permitted in Alaska because no statute or published case law prohibits it.
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