Choosing to Go with Gestational Surrogacy in Alaska
There are no restrictions to Gestational Surrogacy in Alaska as no public law poses a prohibition or limitation on it.
Prenatal Parentage Orders
Are the pre-birth parentage or parenthood orders granted by the court?
Earlier Alaska used to have pre-birth orders in Gestational Surrogacy cases. There was a case in 2014 of a married heterosexual or straight couple with their own egg and sperm, who were granted a pre-birth parenthood order. As the court operates from the judicial district and this operation extends to the urban territory, attorneys are hopeful that it would be favorable to granting the pre-birth or prenatal parentage order.
Eligibility for the order from the court in the case at least one of the parents have a genetic relationship with the child
In the case of a pre-birth or pre-natal parentage order, it is highly uncertain and completely depends on the discretion of the court. However, if it is about the order for post-birth adoption, the answer is more certain:
Married straight or heterosexual couple with own egg and sperm: Yes
Married straight or heterosexual couple with donated egg or sperm: Yes
Unmarried straight or heterosexual couple with own egg and sperm: Yes
Unmarried straight or heterosexual couple with donated egg or sperm: Yes
A single parent with own egg or sperm: Yes
Same-sex couple with donated egg or sperm: Probably yes, but never took place earlier.
Chances of falling under the eligibility of a court order if none of the parents is genetically related to the child
Married straight or heterosexual couple: Yes
Unmarried straight or heterosexual couple: Yes
Single parent: Yes
Same-sex couple: Probably yes, but no similar case appeared earlier
Where does the process takes place or belongs?
Intended parents’ place, Gestational carrier’s place, child’s place of birth, or as per the preference of the parties.
Do these results vary across judicial districts?
This is not known for pre-birth or pre-natal orders.
Is there any option to waive or change the venue?
Is there a need for hearing to have a court order?
There is no need for a hearing specifically to acquire a pre-birth court order. However, in case of an adoption order, a hearing is needed and all the involved parties should appear. But this all depends on the judgment of the court and the judge. Request made to appear through the telephonic mode can be granted but is not always assured.
Is there any possibility of getting the pre-birth order in Alaska if a Gestational Carrier’s plans to deliver in Alaska, but no party lives in the state?
Well, this has the least possibility, looking at the geographical situation and location of Alaska, but still, the answer is yes.
Does the Alaska Vital Records consider a prenatal order from any other state?
This should be considered as there is no such issue related to this that might have any conflict with the process.
Is there any suggested time frame to acquire a certificate for birth post-delivery?
It’s roughly around one week after the pre-birth parentage or parenthood order is released.
Same-Sex Couple Surrogacy in Alaska
What is the naming format followed for same-sex or homosexual parents on the birth certificate?
First comes ‘Father and Parent’, which is followed by ‘Mother and Parent’.
Can the birth certificate be issued to a homosexual couple from other countries on mentioning the name of the biological or natal father and the gestational or proxy carrier?
Not sure, but there can be a possibility.
Are the same-sex or homosexual couples allowed to obtain a birth certificate by only mentioning the name of the biological father, or fathers, as the case may be, and not naming the Gestational Carrier?
Not really clear.
Any possibility of non-biological parents opting for the adoption of a second or a companion parent in Alaska based on the only reason that the childbirth took place in Alaska?
The situation may be best analyzed by the jurisdiction.
Does Alaska Vital Records provide for honoring an order for second-parent adoption that is received from another state for adding the parent to the birth certificate?
There should be no issues with that.
Adoption of Second Parent & Stepparent by Alaskan Residents
Note: This is a situation that typically takes place if the childbirth takes place in some other state. And consequently, parents come back to Alaska and seek second or companion parent adoption in the state.
Do the courts in Alaska allow heterosexual or straight couples who are residents of Alaska to obtain the order for the second parent or stepparent adoption?
Is it compulsory for the couple to be married to get this order granted?
Is the second parent and stepparent adoption case being applicable at the courts if it is related to same-sex couples from Alaska?
Egg or Sperm Donation
Does any statutory law or public case apply to the rights related to the results of surrogacy like egg, embryo, sperm, or child?
Conventional Surrogacy in Alaska
Traditional or Conventional Surrogacy is legally allowed in Alaska as no published suit law or statute prohibits it.
Please Note: Since laws of any state pertaining to egg donation or surrogacy may change at any time, the above statements may not be accurate at the time of the match and reproductive attorney consultation is necessary, the referral can be provided through Rite Options.