{"id":371390,"date":"2016-03-31T21:34:19","date_gmt":"2016-04-01T02:34:19","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/alaska-law\/alaska-abortion-laws.html"},"modified":"2024-09-24T12:21:03","modified_gmt":"2024-09-24T17:21:03","slug":"alaska-abortion-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/alaska-law\/alaska-abortion-laws.html","title":{"rendered":"Alaska Abortion Laws"},"content":{"rendered":"\n
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Alaska Abortion Laws<\/h1>\n
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\n By John Mascolo, Esq.<\/a> | Legally reviewed by John Mascolo, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Abortion is legal in Alaska throughout all stages of pregnancy.<\/p>\r\n

State law bans the procedure known as "partial-birth abortion<\/a>" unless necessary to save the life of a mother.<\/p>\r\n

Alaska Abortion Laws After <\/b>Dobbs<\/i><\/h2>\r\n

Abortion is one of the most controversial legal topics in the United States. It involves religious views, medical science, personal freedom, privacy, and gender politics.<\/p>\r\n

In 1973, the U.S. Supreme Court legalized abortion nationwide, finding that the constitutional right to privacy extended to the abortion decision. The case of Roe v. Wade<\/i><\/a> became the law of the land for almost 50 years.<\/p>\r\n

In 2022, the current Supreme Court, in a 6-3 split, overturned Roe<\/i> in Dobbs v. Jackson Women’s Health Organization<\/i><\/a>. The Dobbs<\/i> Court concluded that Roe<\/i> was wrongly decided. It returned the issue of abortion regulation and prohibition to the states. As a result, state abortion laws<\/a> and restrictions vary.<\/p>\r\n

In Alaska, the Dobbs<\/i> decision did not cause a change in abortion care. The Alaska Constitution contains an explicit right to privacy. In several cases, the Alaska Supreme Court has concluded that the right to privacy includes the right to abortion.<\/p>\r\n

Alaska Abortion Laws: Overview<\/b><\/h2>\r\n

In 1970, before Roe<\/i>, the state of Alaska enacted a law that legalized abortion. In 1972, the state adopted an amendment to the state constitution recognizing the right to privacy. It states: "The right of the people to privacy is recognized and should not be infringed."<\/p>\r\n

In 1997, Alaska’s Supreme Court reviewed a case where a public, nonprofit hospital initiated a policy limiting abortion that did not align with legal protections provided under state law. The court concluded that the state constitution’s privacy right<\/a> protects a woman’s right to an abortion. It held that any law or regulation that purports to restrict reproductive rights must be narrowly tailored to serve a compelling state interest.<\/p>\r\n

In later cases, the Alaska Supreme Court has struck down the state’s parental consent and notification law<\/a> for minors. The court concluded that minors have the same right to privacy in the abortion decision. It said state laws requiring parental involvement or consent only in cases where the patient seeks to end a pregnancy violate state privacy and equal protection guarantees.<\/p>\r\n

State court decisions have also upended state laws limiting abortion practice to physicians. Recently, an Alaska Superior Court judge in Anchorage ruled that the state’s 1970 rule that only doctors can perform or induce abortions violated the state’s fundamental right to privacy. The court’s ruling allows qualified physician assistants and nurse practitioners<\/a> to also provide medication abortion services and aspiration abortions early in a pregnancy.<\/p>\r\n

Will Alaska Move Toward An Abortion Ban in the Future?<\/h2>\r\n

Although a staunchly "red" state with Republican majorities in the state house and state senate, most observers point to Alaskan state independence on abortion policy.<\/p>\r\n

Current Republican Gov. Mike Dunleavy opposes abortion. He vetoed bipartisan legislation<\/a> aimed at expanding access to birth control in the state.<\/p>\r\n

After Dobbs<\/i>, Dunleavy called for Alaskans to support a state constitutional convention over the abortion issue. In November 2022, voters overwhelmingly rejected the proposal with 70% voting no.<\/p>\r\n

Alaska Abortion Laws At A Glance<\/h2>\r\n

The following chart contains more details of Alaska abortion laws, with links to related sources. For more articles, see FindLaw’s Abortion<\/a> section.<\/p>\r\n\r\n
Relevant Alaska abortion laws<\/th>\r\n

Alaska Constitution<\/b><\/p>\r\n

Article I \u2014 Declaration of Rights<\/p>\r\n

When is abortion legal?<\/th>\r\n

Abortion is legal through all stages of pregnancy.<\/p>\r\n

State law bans "partial-birth abortion" procedure unless necessary to save the life of a mother. See above statute.  <\/p>\r\n<\/td>\r\n<\/tr>

Consent requirements<\/th>\r\nAbortion providers must get standard informed consent for any medical procedure or treatment. The state supreme court<\/a> has invalidated state law consent or notification provisions for minors seeking abortion. <\/td>\r\n<\/tr>
Penalty for unlawful abortion<\/th>\r\n

Performing an abortion in violation of state abortion restrictions may lead to Class C felony charges, punishable by up to five years in prison and a fine of up to $1,000.<\/p>\r\n

Unlawful abortion may also lead to civil liability. <\/p>\r\n<\/td>\r\n<\/tr>

Is medication abortion available?<\/th>\r\nYes, but the state attorney general<\/a> indicates that providers must dispense abortion medication in person at a clinic or office of a provider.<\/td>\r\n<\/tr>
Residency requirements for patients<\/th>\r\n30 days before the procedure<\/td>\r\n<\/tr>
Health care provider licensing requirements<\/th>\r\n

The following health care providers can engage in abortion services:<\/p>\r\n