Alaska Abortion Laws

Abortion is legal in Alaska throughout all stages of pregnancy.

State law bans the procedure known as "partial-birth abortion" unless necessary to save the life of a mother.

Alaska Abortion Laws After Dobbs

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.

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 became the law of the land for almost 50 years.

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

In Alaska, the Dobbs 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.

Alaska Abortion Laws: Overview

In 1970, before Roe, 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."

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 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.

In later cases, the Alaska Supreme Court has struck down the state's parental consent and notification law 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.

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 to also provide medication abortion services and aspiration abortions early in a pregnancy.

Will Alaska Move Toward An Abortion Ban in the Future?

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.

Current Republican Gov. Mike Dunleavy opposes abortion. He vetoed bipartisan legislation aimed at expanding access to birth control in the state.

After Dobbs, 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.

Alaska Abortion Laws At A Glance

The following chart contains more details of Alaska abortion laws, with links to related sources. For more articles, see FindLaw's Abortion section.

Note: State laws are always subject to change at any time, usually through the enactment of new legislation, but sometimes through higher court decisions or other means. You may want to contact an Alaska family law attorney or conduct your own legal research to verify the state laws you are reviewing.

How Alaska Compares To Other States

Alaska's abortion laws align with the majority of states that allow abortion at least until fetal viability. Physicians often resist legislators' efforts to identify viability during a certain gestational week. A fetus may become viable (able to survive outside the uterus) anywhere from 23 to 25 weeks into a pregnancy.

Some 28 states and the District of Columbia offer legal access to abortion until fetal viability or throughout all stages of pregnancy. This includes other northwestern states like Montana, Washington, and Oregon.

In contrast, about 18 states now impose strict abortion bans preventing legal access except in cases of medical emergency or in the first six weeks of pregnancy. States in this category include Idaho, Texas, and Florida. A handful of states restrict abortion access to only the first 12, 15, or 18 weeks of pregnancy.

A Note About Medication Abortion

In 2000, the U.S. Food and Drug Administration (FDA) approved the use of mifepristone, one of two common drugs used in abortion pills in the first 10 weeks of pregnancy. Since that time, the use of medication abortion has increased. A recent study shows that some 63% of all abortions in the U.S. each year involve medication abortion.

In 2022, after the Dobbs decision, abortion opponents filed a federal lawsuit challenging the use of mifepristone. They objected to the FDA's original approval and rule changes that allowed expanded access to the drug.

In 2024, the U.S. Supreme Court threw out the case unanimously. The Court found that the abortion opponents did not have standing to bring the suit because they were physicians who did not perform abortions or prescribe abortion pills. As a result, medication abortion remains available throughout the U.S.

More Questions About Abortion? Talk With A Lawyer

If you or someone you know has questions about Alaska abortion laws, consider seeking out legal advice. An experienced family law attorney in Alaska can answer your questions and help you decide your next step.

Research the Law

• Alaska Law
• Alaska Legal Research
• Official State Codes — FindLaw offers links to the official online statutes (laws) in all 50 states and D.C.
• State Abortion Laws — FindLaw's guide to abortion laws in all 50 states and D.C.

Alaska Abortion Laws: Related Resources

• Alaska Department of Health: Reproductive Health Care Options
• Alaska Adoption Laws
• Birth Control
• Abortion Rights FAQ