Alaska Abortion Laws
By FindLaw Staff | Legally reviewed by Nicole Prebeck, Esq. | Last reviewed January 24, 2023
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Summary
Abortion is generally legal in Alaska, except that "partial birth abortions" are legal only if necessary to save the life of the mother.
Introduction
Abortion is one of the most controversial legal topics in the United States, involving religious ideology, personal freedom, and gender politics. Although the Supreme Court legalized abortion at the federal level in 1973 (Roe v. Wade ), it overruled that decision in 2022 (Dobbs v. Jackson Women's Health). Dobbs returned the issue of abortion regulation to the states.
Alaska Abortion Laws: Overview
Alaska's Supreme Court has held that the state constitution protects a woman's right to an abortion and that any law that purports to restrict that right must be narrowly tailored to serve a compelling state interest.
Patients seeking an abortion must have at least 30 days of residency in the state and a licensed M.D. must perform the procedure.
The following chart contains additional details of abortion laws in Alaska, with links to related sources. See FindLaw's Abortion section for additional articles.
| Code Section | 18.16.010-18.16.090 |
| Statutory Definition of Illegal Abortion | Knowingly doesn't meet standards for legal abortion. Partial Birth Abortion (section 18.16.050): Partial birth abortion unlawful unless to save life of mother when no other medical procedure would suffice |
| Statutory Definition of Legal Abortion | The use or prescription of an instrument, medicine, drug, or other substance or device to terminate the pregnancy of a woman by a licensed physician in a hospital |
| Penalty for Unlawful Abortion | Fine up to $1,000 and/or imprisonment up to 5 years; partial birth abortion: Class C felony |
| Parental Consent Requirements | None |
| Residency Requirements for Patients | 30 days before the procedure |
| Physician Licensing Requirements | Licensed M.D., by State Medical Board hospital or facility approved by Dept. of Health & Social Services |
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 law(s) you are researching.
Research the Law
- Alaska Law
- Official State Codes - Links to the official online statutes (laws) in all 50 states and DC.
Alaska Abortion Laws: Related Resources
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