Alaska Abortion Laws

Abortion is one of the most controversial legal topics in the United States, involving religious ideology, personal freedom, and gender politics. While the U.S. Supreme Court legalized abortion at the federal level in 1973 (Roe v. Wade ), a number of states have whittled away at these federal protections with very strict zoning laws, residency requirements, and other measures intended to make access to abortion nearly impossible. In fact, tough regulations in many states have resulted in the closure of countless abortion clinics.

Alaska Abortion Laws: Overview

Patients seeking an abortion must have at least 30 days of residency in the state, a licensed M.D. must perform the procedure, and unmarried patients under 17 must obtain parental consent prior to an abortion.

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 (ยง18.16.050): Partial birth abortion unlawful unless to save life of mother when no other medical procedure would suffice
Statutory Definition of Legal Abortion Terminate pregnancy of nonviable fetus
Penalty for Unlawful Abortion Fine to $1,000 and/or imprisonment up to 5 years; partial birth abortion: Class C felony
Consent Requirements Of patient or one parent or guardian if unmarried, unemancipated patient less than 17, except in medical emergency or judicial waiver of consent
Eligibility Requirements for Judicial Waiver of Parental Consent
  • She is sufficiently mature and well enough informed to decide intelligently whether to have an abortion without the consent of a parent, guardian, or custodian; or
  • One or both of her parents (or guardians) was engaged in physical abuse, sexual abuse, or a pattern of emotional abuse against the minor, or that the consent of a parent, guardian, or custodian otherwise is not in the minor's best interest
Residency Requirements for Patients 30 days before 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.

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Alaska Abortion Laws: Related Resources

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