Gestational Surrogacy is permitted in Alaska because no statute or published case law prohibits it.
Do courts grant pre-birth parentage orders? Yes. These are typically filed in the judicial district that covers Anchorage.
Who can get a court order if at least one parent is genetically related to the child?
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, location of Vital Records, or convenience of the participants
Do results vary by judicial district? Possibly, but pre-birth orders are typically filed in Anchorage.
If yes, are motions to waive venue accepted? Yes
Is a hearing required to obtain a court order? A hearing is required to obtain a pre-birth parentage order. A hearing is also 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 probably.
What is the typical time frame to obtain a birth certificate after delivery? Approximately one week if there was a pre-birth parentage order.
How are same-sex parents named on the final birth certificate? Parent 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 an international same-sex male couple obtain an initial birth certificate naming only the biological father? With a pre-birth order, yes.
Can they subsequently obtain a birth certificate naming only the biological father or both fathers, with no mention of the Gestational Carrier? Yes
If neither of the Intended Parents live in Alaska, 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)? Probably yes
If no, will Alaska Vital Records honor a second parent adoption order from another state and add the second parent to the birth certificate? Yes
Note: This situation typically arises if the child is born outside 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? Yes
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.
Allison Mendel
Anchorage, AK
amendel@mendelandassociates.com
www.mendelcolbert.com
(907) 279-5001
Jacob A. Sonneborn
Anchorage, AK
(907) 276-4331
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