Thinking about undergoing a surrogacy journey in Alaska? You are not alone; it’s estimated that hundreds of families in Alaska have undergone a surrogacy journey. There are things Intended Parents and surrogates should know as they consider surrogacy in The Last Frontier.
Key Takeaways
- Surrogacy in Alaska can be a complex process, but it can also be rewarding.
- Gestational surrogacy is the most common form of surrogacy in Alaska.
- It is important to understand the ethical and legal considerations associated with surrogacy in Alaska before starting a journey there.
Overview of Surrogacy in Alaska
Alaska, like many states, allows surrogacy because there’s nothing in the state’s legal code restricting it. Alaska isn’t at the top of the “surrogacy friendly” list, namely because of a few restrictions on what types of families can use pre-birth orders, but it is allowed and surrogacy contracts are considered enforceable in the state under general contract law guidelines. In that context, Alaska might be considered “surrogacy neutral” compared to other states. All types of surrogacy arrangements are allowed in Alaska including commercial and non-compensated surrogacy, as well as, traditional surrogacy. With traditional surrogacy, the genetic relationship of the child can be an issue if there is a conflict between Intended Parents and the surrogate, so it’s generally not practiced. Each person and family must make a decision on what’s best for them, however.
Gestational surrogacy, which is the most common form of surrogacy in the state and in places where commercial surrogacy is practiced broadly, involves a couple or individual working with a gestational surrogate to carry an implanted embryo on their behalf.
Surrogacy Laws in Alaska
While Alaska has no specific statutes or prior case law governing surrogacy in Alaska, the Assisted Reproduction specializing professionals have created a positive framework of ethical standards that guide surrogacy journeys in the state. Most families undergoing IVF do so without a surrogacy arrangement. As a result, the laws are still catching up and there are many parental rights issues that are still being addressed as more and more families are created via surrogacy.
Legal contracts between surrogates and Intended Parents create the framework between both parties for addressing compensation, how/when payments are made, the responsibilities and risks associated with surrogacy, expectations, and agreements on controversial topics such as whether the surrogate is expected to be vaccinated prior to transfer or if and when to terminate a pregnancy. Alaska currently recognizes a fundamental legal right to reproductive healthcare including abortion.
From a legal perspective, you’re not required to have a surrogacy agreement in place in Alaska, however, you should never start a surrogacy journey without one. It’s very important everyone is on the same page before embryo transfer. There will be conflicts, especially if both parties haven’t expressed what their expectations and non-negotiables terms are. Every agreement includes compromises, but it’s in your best interest to discuss those ahead of time and legally codify them.
Check out our surrogacy attorney directory to answer any specific questions you may have. If your state is not currently represented, check back soon.
Eligibility and Requirements for Surrogacy in Alaska
Intended Parents: Who’s Eligible in Alaska?
All couples whether they are married or unmarried, LGBTQ+ or straight, experiencing infertility or medical/physical limitations can use surrogates in the state. If you believe surrogacy is the right decision for yourself or your family, you can pursue a journey in Alaska. Individuals from a variety of ages and family structures and sexual orientations have successfully undergone surrogacy journeys in the state.
How to Become a Surrogate in Alaska:
First off, make sure you are qualified. Surrogacy Place put together this short quiz to help you see if you meet some of the basic requirements.
Here’s some of the general basic requirements:
- Strong overall health including a healthy weight and BMI (generally between 19-32, varies by clinic and circumstances).
- Drug free, does not smoke or vape/use harmful substances. Willingness to forgo alcohol and caffeine as recommended by their physician.
- Between 21-44 in age, may vary depending on history/clinic.
- Complication-free pregnancy history.
- You have at least one biological child that lives with you or that you have raised to adulthood.
- You have stable, permanent housing free of violence/second-hand smoke/drugs.
- You do not receive any form of government assistance.
- You are able to follow doctor’s orders and take prescribed medication throughout the process.
If you qualify, you can start the process of matching with Intended Parents. Surrogacy Place is an independent matching platform allowing you to match on your specific criteria, including location, gestational vs traditional journeys, desired compensation and more.
After matching, you’ll go into the medical and contractual phases. Assuming everything goes as planned, an embryo will be transferred and you’re on your way to a pregnancy!
Read our step-by-step guide for more info on the process of becoming a surrogate.
Here’s why many surrogates in Alaska prefer to match independently.
Types of Surrogacy in Alaska
In Alaska, commercial surrogacy (where the surrogate receives compensation) is permitted in the absence of laws restricting its practice. There are two types of surrogacy: gestational and traditional.
Gestational surrogacy involves an embryo created using sperm and egg from the Intended Parents or a donor, which is then implanted into the surrogate.
Traditional surrogacy involves the surrogate’s own egg being fertilized by either the intended father or a donor.
Costs and Financial Considerations of Surrogacy in Alaska
Understanding the financial costs and considerations associated with surrogacy in Alaska is essential. A gestational surrogacy arrangement, for example, may require an egg donor, a base compensation for the surrogate, and additional medical expenses. There are also legal fees to consider when filing parentage orders.
For more info on some of the various costs Intended Parents can expect to pay, visit our Surrogacy Place guide.
Surrogacy Agreements in Alaska
It’s important to note that your surrogacy agreements usually consider the legal framework in the state the surrogate lives in, though sometimes contracts are drawn with IP’s home state and its laws in mind. Intended Parents from overseas will usually follow the laws of their surrogate’s home state. Never ask a surrogate to move to your state for the purposes of closer proximity or because you live in a more surrogacy-friendly jurisdiction; that will create major issues from a legal and ethical perspective. Before you begin, you should consult a qualified attorney to discuss your legal rights in Alaska and how to proceed with a surrogacy arrangement in Alaska specifically.
Creating a surrogacy agreement in Alaska can be complex, so it’s important to consult experts who are familiar with the process. When creating a surrogacy agreement, all legal aspects must be taken into careful consideration in order to ensure the rights of both parties are respected throughout the process.
The Surrogacy Process in Alaska
Navigating the surrogacy process in Alaska can be complex, but with the right support, it’s possible to make your family-building dreams a reality. Here is a breakdown of the steps involved:
- Understand gestational surrogacy: This involves an embryo being created from someone other than the surrogate and implanted into her uterus.
- Matching: You can match through an agency or by using a self-matching platform like Surrogacy Place. Surrogacy Place is a secure platform for surrogates and Intended Parents to match and communicate with each other based on unique preferences and specific requirements. If you’re looking for gestational or traditional carriers in Alaska, we offer the tools to search by location.
- Surrogate Screening: Surrogates will need to be medically cleared by a qualified medical team. Here’s some info on that process.
- Agreement on Terms: Intended parents and surrogates will need to meet to create an agreement that works for both parties.
- Transfer and Pregnancy! The surrogate will take hormones and medications to increase her odds of a healthy and successful pregnancy. If all goes well, a baby or babies will be born to grateful Intended Parents!
Post-Birth Process in Alaska
Once your surrogacy journey has come to a close, there are still some important steps to take in order to ensure that everything is finalized legally.
Pre-birth parentage orders are available only for married heterosexual couples who are using only their own eggs and sperm and are fully genetically related to the implanted embryo. The law is unclear on whether a pre-birth order is possible when only one Intended Parent is related to the child e.g. when using sperm or egg donors. The non-genetically-related parent would likely need to complete a second-parent adoption after the birth of the child(ren). As always, check with an Assisted Reproduction attorney licensed in Alaska for information on how best to pursue and protect your parental rights. Because of restrictions on pre-birth orders in the state, in Alaska, parentage is most commonly established via post-birth adoption. Heterosexual and LGBTQ+ marriages are treated the same for post-birth adoptions in the state.
Risks and Challenges of Surrogacy in Alaska
Now that you know about the post-birth process in Alaska, let’s consider the risks and challenges of surrogacy there. Surrogacy is a wonderful way to build a family, but it can also come with some potential risks and drawbacks. Before proceeding, here are 4 key points you should understand:
- The sperm donor may have a legal or genetic relationship with the child if their identity is not kept anonymous.
- The surrogate must be able to provide informed consent for the procedure before entering into an agreement with Intended Parents.
- All parties involved will need to discuss any potential risks or challenges prior to signing any agreements or contracts related to surrogacy in order for all parties to be prepared for what may lie ahead during their journey towards building a family through surrogacy.
Benefits of Surrogacy in Alaska
Exploring surrogacy in Alaska can offer many benefits for those hoping to build a family.
Gestational carriers have access to surrogacy professionals including qualified attorneys and fertility specialists who have facilitated successful journeys throughout the state.
Can you do an independent journey in Alaska? Is it possible to match with a surrogate without an agency?
Yes. And there are many reasons you might want to forgo an agency and do all the coordination and management of your surrogacy journey yourself.
The top reason is saving the extraordinary agency matching fees, which not only saves Intended Parents money, but the savings can be used to provide the surrogates with a much higher base fee and overall compensation. Agencies like to tell you they arrange travel and schedule appointments, all things that most people with internet access can easily do themselves. Forgoing an agency and going independent also allows both surrogates and Intended Parents to match on their terms. Surrogates shouldn’t have to sign exclusivity contracts with a third-party agency that may or may not have their interests in mind to pursue a surrogacy journey. Intended Parents shouldn’t be forced to pay an extraordinarily high fee to find and match with surrogates.
Surrogacy Place was create to offer an easier solution for surrogates and Intended Parents to find each other to start a prospect journey together.
Frequently Asked Questions
Is compensated and other forms of surrogacy legal in Alaska?
Yes – there are no specified restrictions on commercial, traditional, or gestational surrogacy in Alaska.
What is surrogacy, and why consider it in Alaska?
Surrogacy is a process where a woman carries a pregnancy for intended parents who cannot do so themselves. Alaska allows surrogacy, and it’s an option for families facing fertility challenges or other medical limitations.
What is the most common form of surrogacy in Alaska?
The most common form of surrogacy in Alaska is gestational surrogacy. This involves a gestational surrogate carrying an implanted embryo for intended parents.
Who is eligible for surrogacy in Alaska?
Eligibility is open to all couples, married or unmarried, LGBTQ+ or straight, and individuals with various family structures and orientations.
What are the requirements to become a surrogate in Alaska?
Surrogates should generally be in good health, drug-free, within a certain age range, have a complication-free pregnancy history, stable housing, and not receive government assistance.
What types of surrogacy are allowed in Alaska?
Alaska permits both gestational and traditional surrogacy, with the majority of surrogacy arrangements being gestational.
What are the financial considerations for surrogacy in Alaska?
Surrogacy costs can include compensation for the surrogate, medical expenses, legal fees, and more. Costs vary depending on the specific arrangement.
What are the steps involved in the surrogacy process in Alaska?
The process includes understanding gestational surrogacy, matching with Intended Parents/surrogates, surrogate screening, agreeing on terms, and eventually, embryo transfer and pregnancy.
Can surrogacy be done independently in Alaska?
Yes, independent surrogacy is possible in Alaska, offering cost savings and flexibility for both surrogates and Intended Parents.
How can Surrogacy Place help with the surrogacy process?
Surrogacy Place is an independent matching platform that helps surrogates and Intended Parents find each other based on specific criteria, including location, compensation, and more, offering an alternative to traditional agencies.
For any specific legal or medical questions regarding surrogacy in Alaska, consult with qualified professionals experienced in surrogacy law and reproductive healthcare in the state.
