{"schema":"abhortion.org/legislation.full/v1","id":"legality-us-ak","type":"legislation","level":"state","jurisdiction":"Alaska","as_of_date":"2026-07-12","research_completed_date":"2026-07-12","headline":"Constitutionally protected, no gestational limit","summary":"The Alaska Supreme Court has held that the state constitution’s privacy clause protects abortion as a fundamental right throughout pregnancy, making Alaska one of the most protective states.","machine_readable_summary":{"legal_classification":"protected_by_constitution","gestational_limit_weeks":null,"limit_measured_from":null,"abortion_currently_available":"yes","ban_or_limit_enjoined":false,"mother_expressly_exempt":true,"mother_prosecutable_in_practice":false,"self_managed_abortion_criminalized":"unclear","abortion_charged_as_homicide":false,"fetal_homicide_law":true,"fetal_wrongful_death_action":true,"personhood_language_in_law":true,"personhood_contradiction":true,"medication_abortion_distinct_status":true,"mailing_pills_banned":true,"method_bans":["d_and_x"],"telehealth_prescribing_allowed":false,"physician_only_law":true,"provider_max_penalty":"Fine up to $1,000, imprisonment up to 5 years, or both","helpers_criminally_exposed":false,"travel_assistance_criminalized":false,"civil_bounty_law":false,"shield_state":false,"waiting_period_hours":null,"state_scripted_counseling":false,"ultrasound_required":"none","in_person_visits_required":1,"parental_involvement":"enjoined","judicial_bypass_available":"not_applicable","spousal_consent_or_notice_on_books":false,"medicaid_coverage":"broader_than_hyde","private_insurance_restricted":false,"state_funding_posture":"funds_providers","rape_incest_exception":"not_applicable","exceptions_present":["life","physical_health","ectopic_miscarriage_carveout"],"major_pending_change":true},"links":{"html":"https://www.abhortion.org/legislation/ak.html","markdown":"https://www.abhortion.org/legislation/ak.md","summary_json":"https://www.abhortion.org/legislation/ak.json","full_json":"https://www.abhortion.org/legislation/ak-full.json","verbose_json":"https://www.abhortion.org/legislation/ak-verbose.json"},"overview":{"title":"Constitutionally protected, no gestational limit","summary":"The Alaska Supreme Court has held that the state constitution’s privacy clause protects abortion as a fundamental right throughout pregnancy, making Alaska one of the most protective states.","description":"Abortion is legal in Alaska at all stages of pregnancy. The Alaska Supreme Court has ruled that the state constitution’s right to privacy protects the decision to have an abortion as a fundamental right. There is no gestational limit or ban. Advanced practice clinicians (like nurse practitioners and physician assistants) can provide medication and aspiration abortions under a court order, though the state is appealing that ruling. Alaska’s constitution also requires the state Medicaid program to cover medically necessary abortions, going beyond what federal law alone requires. The state does not have a waiting period, forced ultrasound, or scripted counseling requirement. However, medication abortion must currently be dispensed in person at a clinic—a rule that is being challenged in a new lawsuit.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/cases/alaska/supreme-court/1997/s-7417-1.html"},{"name":"Justia","href":"https://law.justia.com/constitution/alaska/constitution-1.html"}]},"sections":{"definitions":{"title":"Abortion defined broadly to include medication","summary":"Alaska defines abortion as the use or prescription of an instrument, medicine, drug, or other substance or device to terminate a pregnancy known to exist.","description":"Alaska law defines abortion to include any method—surgical instruments, medicines, drugs, or other substances or devices—used to end a known pregnancy. This means the abortion laws apply equally to medication abortion (the abortion pill) and procedural abortion. The definition does not expressly carve out miscarriage management, ectopic pregnancy treatment, or IVF/embryos, but the definition turns on terminating the pregnancy of a woman known to be pregnant, which arguably limits its reach to confirmed intrauterine pregnancies. In practice, standard medical treatment for miscarriage and ectopic pregnancy is not treated as abortion.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/alaska/title-18/chapter-16/section-18-16-090"}]},"current_status":{"title":"Legal throughout pregnancy; no gestational limit","summary":"Abortion is legal at all stages of pregnancy under the Alaska Constitution’s privacy clause; no gestational ban exists in statute.","description":"In Alaska, a person can get an abortion at any point in pregnancy. There is no law that draws a line at any particular week of pregnancy after which abortion is prohibited. This is because the Alaska Supreme Court has ruled that the state constitution protects the decision to have an abortion as a fundamental privacy right. While there are some regulations about where abortions can be performed and who can perform them, none restrict abortion based on how far along a pregnancy is.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/alaska/title-18/chapter-16/section-18-16-010"},{"name":"Justia","href":"https://law.justia.com/cases/alaska/supreme-court/1997/s-7417-1.html"}]},"enforcement_status":{"title":"Some regulatory provisions enjoined; core right intact","summary":"While abortion remains constitutionally protected, the physician-only restriction has been permanently enjoined as applied to APCs (on appeal), and the parental involvement requirement has been struck down.","description":"The core right to abortion in Alaska is fully in effect. However, several older regulatory requirements are not enforced. A court has permanently blocked the rule that only doctors can provide medication and aspiration abortions, so nurse practitioners and physician assistants can now provide those services (though the state is appealing). The parental notification requirement for minors was struck down by the Alaska Supreme Court in 2016. The ban on partial-birth abortion is permanently blocked by a court order. The 30-day residency requirement remains in the statute but is not enforced in practice.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/cases/alaska/supreme-court/2016/s-15010.html"}]},"exceptions":{"life":{"title":"Medical emergency exception codified","type":"life","summary":"The informed consent statute includes a medical emergency exception when immediate termination is necessary to avert the pregnant woman’s death.","description":"While Alaska does not need a formal life exception because abortion is legal at all stages, the informed consent law contains a medical emergency exception. If a pregnant person faces a condition where immediate termination is needed to prevent death, the normal informed consent requirements can be bypassed.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/alaska/title-18/chapter-16/section-18-16-060"}]},"physical_health":{"title":"Physical health emergency exception codified","type":"physical_health","summary":"The medical emergency exception also covers serious risk of substantial and irreversible impairment of a major bodily function.","description":"The law recognizes that some pregnancy-related health conditions are emergencies even if not immediately life-threatening. If delaying an abortion would create a serious risk of substantial and irreversible damage to a major bodily function, the regular informed consent process can be bypassed.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/alaska/title-18/chapter-16/section-18-16-060"}]},"mental_health":{"title":"No specific mental health exception needed","type":"mental_health","summary":"Alaska has no gestational abortion ban, so no mental health exception is necessary; abortion is lawful at any stage for any reason.","description":"Because abortion is legal at all stages of pregnancy in Alaska, a person does not need a special mental health exception to access abortion care.","verification":"semi_verified","confidence":"high"},"rape":{"title":"No rape exception needed; procedural waiver exists","type":"rape","summary":"Because abortion is legal at all stages, no rape exception is necessary; the informed consent statute exempts pregnancies from sexual assault from its requirements.","description":"Because abortion is legal at all stages of pregnancy in Alaska, there is no need for a rape exception. The informed consent statute does exempt pregnancies resulting from sexual assault from its requirements, but this is a procedural accommodation.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/alaska/title-18/chapter-16/section-18-16-060"}]},"incest":{"title":"Incest included in sexual offense procedural waiver","type":"incest","summary":"The informed consent law includes incest under AS 11.41.450 in its exemption from formal consent requirements.","description":"Like with rape, Alaska does not need a separate incest exception because abortion is legal at all stages. The informed consent statute includes incest among the circumstances where the formal consent process can be waived.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/alaska/title-18/chapter-16/section-18-16-060"}]},"fatal_fetal_anomaly":{"title":"No fetal anomaly exception needed","type":"fatal_fetal_anomaly","summary":"Because abortion is legal throughout pregnancy, no specific exception for fatal fetal anomalies is required.","description":"Alaska has no gestational cutoff, so no fetal anomaly exception is needed. A person who receives a fatal fetal anomaly diagnosis can access abortion care at any stage on the same legal basis as any other abortion.","verification":"semi_verified","confidence":"high"},"ectopic_miscarriage_carveout":{"title":"Ectopic/miscarriage outside abortion definition","type":"ectopic_miscarriage_carveout","summary":"The statutory definition of abortion and the fetal homicide exception for standard medical practice functionally protect miscarriage and ectopic pregnancy care.","description":"Treatment for miscarriage and ectopic pregnancy is not treated as abortion under Alaska law. The fetal homicide law specifically excludes acts done under usual and customary standards of medical practice. These provisions together ensure that standard care for miscarriage, ectopic pregnancy, and other pregnancy complications is legally protected.","verification":"verified","confidence":"high","sources":[{"name":"FindLaw","href":"https://codes.findlaw.com/ak/title-11-criminal-law/ak-st-sect-11-41-180/"}]}},"methods":{"procedural_surgical":{"title":"Procedural abortion legal; D&X ban enjoined","summary":"Procedural abortion is legal at all stages; the statutory ban on partial-birth abortion (D&X) is permanently enjoined.","description":"Surgical abortion procedures are legal in Alaska at all stages of pregnancy. While Alaska law still contains a ban on partial-birth abortion (intact D&X), a state court permanently blocked enforcement of that ban, so it has no practical effect. All other procedural abortion methods remain legal and available.","verification":"verify_before_publication","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/alaska/title-18/chapter-16/section-18-16-050"}]},"medication":{"title":"In-person clinic dispensing required; telehealth banned","summary":"Medication abortion is legal but must be dispensed in person at a clinic; the Attorney General takes the position that mailing abortion pills to patients violates Alaska law.","description":"Medication abortion is legal in Alaska, but the law requires the pills to be dispensed in person at a clinic. A person cannot get abortion pills prescribed through a telehealth visit and mailed to their home. The Attorney General has said that mailing abortion pills directly to patients violates Alaska law. A lawsuit filed in June 2026 challenges the telehealth ban as unconstitutional.","verification":"verified","confidence":"high","sources":[{"name":"Alaska Department of Law","href":"https://law.alaska.gov/press/releases/2023/031723-Mifepristone.html"}]},"self_managed":{"title":"Self-managed abortion: woman exempt but providers must comply","summary":"Under the AG’s interpretation, self-administering medication abortion violates Alaska law, but the pregnant woman is expressly exempt from fetal homicide and wrongful death liability.","description":"The legal position of someone who self-manages an abortion in Alaska is complicated. The Attorney General says self-administering abortion pills violates state law. However, the fetal homicide law expressly exempts the pregnant woman for acts against herself and her unborn child. No known prosecution of a self-managing woman has occurred.","verification":"verified","confidence":"medium","sources":[{"name":"FindLaw","href":"https://codes.findlaw.com/ak/title-11-criminal-law/ak-st-sect-11-41-180/"}]}},"actors":{"who_may_perform":{"title":"Physicians and APCs may perform (court-ordered)","summary":"Under a permanent injunction on appeal, Advanced Practice Clinicians may provide medication and aspiration abortion alongside licensed physicians.","description":"Under a court order in effect while being appealed, abortion care can be provided by licensed physicians and also by advanced practice clinicians including nurse practitioners, physician assistants, and certified nurse-midwives. The Alaska Supreme Court heard the appeal in October 2025 and a decision is pending.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/alaska/title-18/chapter-16/section-18-16-010"}]},"criminal_civil_exposure":{"pregnant_woman":{"title":"Woman expressly exempt from homicide/wrongful-death","summary":"The pregnant woman is expressly exempt from fetal homicide and wrongful death liability; no known prosecution for self-managed abortion.","description":"Alaska law specifically exempts the pregnant woman from being charged under the fetal homicide law for anything she does to herself and her unborn child. In practice, the pregnant woman faces no realistic criminal exposure.","verification":"verified","confidence":"high","sources":[{"name":"FindLaw","href":"https://codes.findlaw.com/ak/title-11-criminal-law/ak-st-sect-11-41-180/"}]},"physician":{"title":"Fine up to $1,000 or 5 years imprisonment","summary":"A person who knowingly violates AS 18.16.010 faces a fine of up to $1,000, imprisonment up to five years, or both.","description":"A physician who performs an abortion in violation of the regulatory requirements can be punished by a fine of up to $1,000, up to five years in prison, or both. Practical criminal exposure is minimal because many provisions are enjoined or struck down.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/alaska/title-18/chapter-16/section-18-16-010"}]},"prescriber_pharmacist":{"title":"Pharmacist liability unclear for mailing pills","summary":"Under the AG’s interpretation, pharmacists who mail mifepristone to Alaska patients violate state law; non-physician prescribers are protected by the APC injunction.","description":"Non-physician prescribers are protected under the court’s injunction. Pharmacists face a different situation: the Attorney General says mailing abortion pills violates Alaska law, and major pharmacy chains have declined to dispense mifepristone in Alaska.","verification":"verified","confidence":"medium","sources":[{"name":"Alaska Department of Law","href":"https://law.alaska.gov/press/releases/2023/031723-Mifepristone.html"}]},"nurses_and_staff":{"title":"No known liability for assisting in lawful abortion","summary":"Clinical staff assisting in a lawful abortion face no independent criminal exposure under current Alaska law.","description":"Nurses, medical assistants, and other clinic staff who assist in providing lawful abortion care do not face criminal liability. The statute’s penalties are directed at the person who performs the abortion, not at support staff.","verification":"semi_verified","confidence":"high"},"other_helpers":{"title":"No liability for helpers of lawful abortion","summary":"Friends, family, and others who assist in obtaining a lawful abortion face no criminal or civil exposure under current Alaska law.","description":"There is no law that makes it a crime to help someone get an abortion—whether by driving them, paying, or providing information. Alaska has no aiding-and-abetting-abortion statute and no abortion trafficking law.","verification":"semi_verified","confidence":"high"}}},"aiding_and_assisting":{"travel_assistance":{"title":"Travel assistance not criminalized","summary":"Alaska has no law criminalizing assistance with travel for abortion, whether in-state or out-of-state.","description":"There is no law in Alaska that makes it a crime to help someone travel for an abortion. Parents, friends, abortion funds, and others can legally help arrange or pay for travel.","verification":"not_applicable","confidence":"high"},"funding":{"title":"Funding assistance not criminalized","summary":"Providing financial assistance for an abortion or abortion-related travel is not criminalized in Alaska.","description":"Alaska does not prohibit individuals, nonprofits, or employers from paying for abortion care or abortion-related travel. Abortion funds can operate freely.","verification":"not_applicable","confidence":"high"},"mailing_pills":{"title":"Mailing abortion pills opposed by Attorney General","summary":"The Alaska AG takes the position that mailing mifepristone directly to patients violates state law; Walgreens has declined to dispense it in Alaska.","description":"The Attorney General has said that sending abortion pills through the mail to patients in Alaska is illegal. Walgreens responded by declining to sell mifepristone in Alaska at all. This creates a significant practical barrier to medication abortion access.","verification":"verified","confidence":"medium","sources":[{"name":"Alaska Department of Law","href":"https://law.alaska.gov/press/releases/2023/031723-Mifepristone.html"}]},"providing_information":{"title":"Information provision not restricted","summary":"Alaska has no law restricting the provision of information, referrals, or websites about abortion.","description":"Healthcare providers, counselors, and individuals can freely provide information about abortion without legal risk.","verification":"not_applicable","confidence":"high"},"civil_bounty":{"title":"No civil bounty law","summary":"Alaska has not enacted any SB8-style private civil enforcement mechanism.","description":"Unlike Texas, Alaska has no law allowing private citizens to sue abortion providers or helpers. The only civil liability provisions apply to physicians for specific violations, and many of those underlying provisions are unenforceable.","verification":"semi_verified","confidence":"high"}},"procedural_requirements":{"waiting_period":{"title":"No mandatory waiting period","summary":"Alaska imposes no mandatory waiting period between counseling and the abortion procedure.","description":"Alaska does not require a person to wait any specific amount of time between counseling and having an abortion. The procedure can proceed without delay once informed consent is completed.","verification":"semi_verified","confidence":"high"},"mandatory_counseling":{"title":"Informed consent required; no state script","summary":"Alaska requires voluntary and informed consent but does not mandate state-scripted counseling with medically contested statements.","description":"Before an abortion, the provider must obtain informed consent. The provider must either give information from a state website or discuss material risks. There is no requirement to read a state-scripted document with medically disputed claims. Information can be provided by phone, email, or mail before the appointment.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/alaska/title-18/chapter-16/section-18-16-060"}]},"ultrasound_requirement":{"title":"No ultrasound requirement","summary":"Alaska law does not require an ultrasound before an abortion.","description":"Alaska does not require an ultrasound before an abortion. Providers are not required to offer, perform, or display one.","verification":"not_applicable","confidence":"high"},"in_person_visits":{"title":"One in-person visit required for medication abortion","summary":"The combined statutory requirements effectively require one in-person visit: medication must be dispensed at a clinic.","description":"At least one in-person visit to a clinic is required. For medication abortion, pills must be dispensed in person. Informed consent can be completed remotely. A June 2026 lawsuit challenges this requirement.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/alaska/title-18/chapter-16/section-18-16-060"}]}},"minors":{"parental_involvement":{"title":"No enforceable parental involvement requirement","summary":"Alaska’s parental notification law was struck down in 2016; minors can consent to abortion on their own.","description":"Minors in Alaska can get an abortion without involving a parent. The voter-approved parental notification law was struck down by the Alaska Supreme Court in 2016 for violating equal protection.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/cases/alaska/supreme-court/2016/s-15010.html"}]},"judicial_bypass":{"title":"Judicial bypass not applicable","summary":"Because the parental notification law has been struck down, the judicial bypass procedure is moot.","description":"Since the parental notification law is no longer in effect, minors do not need to go to court for a judge’s permission.","verification":"semi_verified","confidence":"high"}},"paternal_spousal_rights":{"consent_or_notice_laws":{"title":"No spousal or paternal consent law","summary":"Alaska has no statute requiring spousal consent or notice for abortion; no father’s consent requirement exists.","description":"Alaska law does not require a spouse’s consent or a biological father’s consent for an abortion. A married person can obtain an abortion without informing their spouse.","verification":"not_applicable","confidence":"high"},"enforceability":{"title":"Spousal consent would be unconstitutional","summary":"Any spousal consent requirement would be unenforceable under Danforth (1976) and the Alaska Constitution’s privacy clause.","description":"Even if Alaska had a spousal consent law, it would be unenforceable under U.S. Supreme Court precedent and the Alaska Constitution.","verification":"semi_verified","confidence":"high","sources":[{"name":"Justia","href":"https://supreme.justia.com/cases/federal/us/428/52"}]},"other_paternal_rights":{"title":"Father may bring wrongful death action for fetus","summary":"Under AS 09.55.585, a parent may maintain a wrongful death action for an unborn child, but the statute excludes legal abortion and acts by the pregnant woman.","description":"A father can sue for wrongful death of an unborn child caused by a third party, but this right does not apply during a legal abortion or when the pregnant woman causes the death herself.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/alaska/title-9/chapter-55/article-7/section-09-55-585"}]}},"fetal_personhood":{"fetal_homicide_law":{"title":"Fetal homicide recognized; abortion exempted","summary":"Alaska recognizes homicide of an unborn child at any stage of development, but expressly exempts legal abortion with consent, standard medical practice, and acts by the pregnant woman.","description":"Alaska law makes it a homicide crime to kill an unborn child at any stage from conception onward. However, the law explicitly says this does not apply during a legal abortion where the pregnant woman consents, nor to standard medical treatment, nor to anything the pregnant woman does to herself.","verification":"verified","confidence":"high","sources":[{"name":"FindLaw","href":"https://codes.findlaw.com/ak/title-11-criminal-law/ak-st-sect-11-41-180/"}]},"wrongful_death":{"title":"Wrongful death action for unborn child permitted","summary":"A parent may bring a civil wrongful death action for an unborn child at any stage, with exceptions for legal abortion, medical practice, and acts by the pregnant woman.","description":"A parent can sue for wrongful death of an unborn child caused by a third party, but not when the death occurs during a legal abortion or is caused by the pregnant woman herself.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/alaska/title-9/chapter-55/article-7/section-09-55-585"}]},"personhood_definition":{"title":"Unborn child defined from conception in homicide code","summary":"AS 11.81.900(b)(60) defines unborn child as a member of Homo sapiens at any stage of development carried in the womb, establishing fetal personhood for homicide and wrongful death purposes from conception.","description":"Alaska law defines an unborn child for criminal homicide and wrongful death purposes as a human being at any stage of development in the womb. However, the same laws exempt legal abortion.","verification":"verified","confidence":"high","sources":[{"name":"FindLaw","href":"https://codes.findlaw.com/ak/title-11-criminal-law/ak-st-sect-11-81-900/"}]},"contradictions_analysis":"Alaska law treats the unborn as a full person for purposes of criminal homicide and civil wrongful death, yet subordinates that personhood to the pregnant woman’s constitutional right to consent to a legal abortion. The contradiction is explicit and intentional: AS 11.41.180(1) and AS 09.55.585(b)(1) carve legal abortion out of liability. The fetus is a person when harmed by a third party against the woman’s wishes, but not when she exercises her reproductive choice. This is a political compromise, not a philosophically coherent resolution."},"telehealth_and_interstate":{"telehealth_prescribing":{"title":"Telehealth prescribing for abortion banned","summary":"Under the AG’s interpretation, telehealth prescribing with direct-to-patient dispensing is prohibited; a June 2026 lawsuit challenges this.","description":"A person cannot currently get abortion medication through a telehealth visit mailed to their home. A June 2026 lawsuit challenges this ban.","verification":"verified","confidence":"high","sources":[{"name":"Alaska Department of Law","href":"https://law.alaska.gov/press/releases/2023/031723-Mifepristone.html"}]},"out_of_state_travel":{"title":"Travel out of state for abortion is lawful","summary":"Alaska residents may freely travel to other states for abortion care; no statute restricts or penalizes out-of-state travel.","description":"Alaska residents can travel to other states for abortion care without legal restriction. Alaska has not enacted any law punishing out-of-state abortion travel.","verification":"not_applicable","confidence":"high"},"shield_or_hostile_laws":{"title":"No shield law; no cross-border hostile law","summary":"Alaska has enacted neither a shield law protecting providers from out-of-state investigations nor a law targeting cross-border abortion activity.","description":"Alaska does not have a shield law that would protect providers and patients from other states’ investigations. It also has no law targeting cross-border abortion conduct.","verification":"semi_verified","confidence":"high"}},"funding_and_insurance":{"medicaid":{"title":"Medicaid covers medically necessary abortions","summary":"Under Alaska Supreme Court rulings, the state Medicaid program must cover all medically necessary abortions, not just Hyde categories.","description":"Alaska’s Medicaid program covers medically necessary abortions beyond the federal Hyde categories. The Alaska Supreme Court ruled that limiting coverage to rape, incest, or life endangerment violated equal protection.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/cases/alaska/supreme-court/2001/s-9109-1.html"}]},"private_insurance":{"title":"No restriction on private insurance coverage","summary":"Alaska does not restrict private health insurance plans from covering abortion.","description":"Private health insurance plans in Alaska can cover abortion without restriction. The state does not bar insurance companies from including abortion coverage or require a separate rider.","verification":"verify_before_publication","confidence":"high"},"exchange_plans":{"title":"No restriction on ACA exchange plan coverage","summary":"Alaska has not enacted a law restricting abortion coverage in ACA marketplace plans.","description":"Health plans sold through the ACA marketplace in Alaska can cover abortion. Alaska has not opted out of allowing exchange plans to offer abortion coverage.","verification":"verify_before_publication","confidence":"high"},"state_funding_of_providers":{"title":"State funds abortion providers via Medicaid","summary":"Alaska does not defund abortion providers; under court rulings, the state must fund medically necessary abortions through Medicaid.","description":"Alaska does not cut off state funding to organizations that provide abortion. The state is required by court order to cover medically necessary abortions through Medicaid.","verification":"semi_verified","confidence":"high"}}},"penalties":[{"actor":"Physician or person who violates AS 18.16.010","offense":"Performing abortion without satisfying regulatory requirements","penalty":"Fine of not more than $1,000, imprisonment up to 5 years, or both plus civil liability","verification":"verified","sources":[{"name":"Justia","href":"https://law.justia.com/codes/alaska/title-18/chapter-16/section-18-16-010"}]},{"actor":"Pregnant woman","offense":"None expressly exempt from fetal homicide and wrongful death liability","penalty":"No criminal or civil penalty","verification":"verified","sources":[{"name":"FindLaw","href":"https://codes.findlaw.com/ak/title-11-criminal-law/ak-st-sect-11-41-180/"}]},{"actor":"Third party who kills an unborn child outside a legal abortion","offense":"Murder, manslaughter, or criminally negligent homicide of an unborn child","penalty":"Murder: 15-99 years; Manslaughter: 5-20 years; Criminally negligent homicide: 1-5 years","verification":"verified","sources":[{"name":"Justia","href":"https://law.justia.com/codes/alaska/title-11/chapter-41/article-1/section-11-41-150"}]}],"recent_changes":[{"date":"2024-09-04","event":"Alaska Superior Court Judge Josie Garton issued a permanent injunction blocking enforcement of the physician-only restriction as applied to APCs for medication and aspiration abortion.","sources":[{"name":"Alaska Beacon","href":"https://alaskabeacon.com/2024/09/04/alaska-judge-strikes-down-requirement-that-only-licensed-physicians-provide-abortions"}]},{"date":"2023-03-17","event":"Alaska Attorney General Treg Taylor issued a press release stating that self-administration of medication abortion violates Alaska law and joined 19 other state AGs warning pharmacies against mailing mifepristone.","sources":[{"name":"Alaska Department of Law","href":"https://law.alaska.gov/press/releases/2023/031723-Mifepristone.html"}]},{"date":"2022-06-24","event":"The U.S. Supreme Court decided Dobbs v. Jackson Women’s Health Organization. Alaska’s protections rest on independent state constitutional grounds and were not directly affected."},{"date":"2019-04-26","event":"The Alaska Supreme Court affirmed that a 2014 statute and 2013 regulation redefining medically necessary to limit Medicaid abortion funding violated equal protection."},{"date":"2016-07-22","event":"The Alaska Supreme Court struck down the voter-enacted Parental Notification Law as violating equal protection.","sources":[{"name":"Justia","href":"https://law.justia.com/cases/alaska/supreme-court/2016/s-15010.html"}]}],"pending_changes":[{"name":"Alaska v. Planned Parenthood Great Northwest (APC appeal)","type":"litigation","status":"Pending at Alaska Supreme Court; oral arguments heard October 29, 2025.","effect":"If the State prevails, the APC injunction would be dissolved, potentially restricting abortion to physicians only.","sources":[{"name":"ACLU of Alaska","href":"https://www.acluak.org/press-releases/alaska-supreme-court-hears-oral-arguments-in-planned-parenthood-challenge-to-abortion-restrictions"}]},{"name":"Planned Parenthood v. State of Alaska (telehealth lawsuit)","type":"litigation","status":"Filed June 11, 2026, in Alaska Superior Court.","effect":"If successful, would allow telehealth prescribing and direct-to-patient dispensing of medication abortion in Alaska.","sources":[{"name":"ACLU","href":"https://www.aclu.org/cases/planned-parenthood-great-northwest-hawai%CA%BBi-alaska-indiana-and-kentucky-v-state-of-alaska-et-al"}]},{"name":"HB 357 / SB 271 Alaska Heartbeat Act","type":"legislation","status":"Introduced February 2026; did not advance before 2025-2026 session adjourned.","effect":"Would ban abortion after detection of a fetal heartbeat and create private civil enforcement; would likely be enjoined under Alaska constitutional protections."}],"key_authorities":[{"name":"Alaska Constitution, Art. I, § 22 (Right of Privacy)","citation":"Alaska Const. art. I, § 22","type":"constitution","url":"https://law.justia.com/constitution/alaska/constitution-1.html","why":"Express privacy clause protecting abortion as a fundamental right subject to strict scrutiny."},{"name":"Alaska Constitution, Art. I, § 1 (Equal Protection)","citation":"Alaska Const. art. I, § 1","type":"constitution","url":"https://law.justia.com/constitution/alaska/constitution-1.html","why":"Used to strike down discriminatory restrictions including parental notification and Medicaid limits."},{"name":"Valley Hospital Ass’n v. Mat-Su Coalition for Choice","citation":"948 P.2d 963 (Alaska 1997)","type":"case","url":"https://law.justia.com/cases/alaska/supreme-court/1997/s-7417-1.html","why":"Foundational case establishing reproductive rights as fundamental under Alaska Constitution."},{"name":"State v. Planned Parenthood of Alaska (Medicaid)","citation":"28 P.3d 904 (Alaska 2001)","type":"case","url":"https://law.justia.com/cases/alaska/supreme-court/2001/s-9109-1.html","why":"Required Medicaid coverage of all medically necessary abortions beyond Hyde categories."},{"name":"Planned Parenthood v. Alaska (Parental Notification)","citation":"375 P.3d 1122 (Alaska 2016)","type":"case","url":"https://law.justia.com/cases/alaska/supreme-court/2016/s-15010.html","why":"Struck down parental notification law; minors may consent independently."},{"name":"Planned Parenthood Great Northwest v. State (APC Injunction)","citation":"No. 3AN-19-11710CI (Alaska Super. Ct. 2024)","type":"case","url":"https://www.plannedparenthood.org/planned-parenthood-great-northwest-hawaii-alaska-indiana-kentuck/press/alaska-court-permanently-strikes-down-unnecessary-restrictions-on-abortion-providers-2","why":"Permanently enjoined physician-only restriction for APCs; on appeal."},{"name":"AS 18.16.010 Regulation of Abortions","citation":"AS 18.16.010","type":"statute","url":"https://law.justia.com/codes/alaska/title-18/chapter-16/section-18-16-010","why":"Primary abortion statute; several subsections partially or fully unenforceable."},{"name":"AS 11.41.150-11.41.180 Fetal Homicide","citation":"AS 11.41.150-11.41.180","type":"statute","url":"https://codes.findlaw.com/ak/title-11-criminal-law/ak-st-sect-11-41-180/","why":"Criminalizes killing unborn child but exempts legal abortion and the pregnant woman."},{"name":"AS 09.55.585 Wrongful Death of Unborn Child","citation":"AS 09.55.585","type":"statute","url":"https://law.justia.com/codes/alaska/title-9/chapter-55/article-7/section-09-55-585","why":"Civil wrongful death action for unborn child with abortion and medical-practice exceptions."},{"name":"AS 18.16.060 Informed Consent","citation":"AS 18.16.060","type":"statute","url":"https://law.justia.com/codes/alaska/title-18/chapter-16/section-18-16-060","why":"Informed consent requirements with medical emergency and sexual assault exceptions."},{"name":"AS 18.16.090 Definitions","citation":"AS 18.16.090","type":"statute","url":"https://law.justia.com/codes/alaska/title-18/chapter-16/section-18-16-090","why":"Defines abortion broadly to include medication and procedural methods."},{"name":"AS 11.81.900(b)(60) Definition of Unborn Child","citation":"AS 11.81.900(b)(60)","type":"statute","url":"https://codes.findlaw.com/ak/title-11-criminal-law/ak-st-sect-11-81-900/","why":"Establishes fetal personhood from conception for homicide and wrongful death purposes."},{"name":"AG Press Release on Mifepristone (Mar. 17, 2023)","citation":"Alaska Dep’t of Law Press Release","type":"agency_guidance","url":"https://law.alaska.gov/press/releases/2023/031723-Mifepristone.html","why":"AG’s position that mailing abortion pills and self-administration violate Alaska law."}],"research_notes":{"overall_confidence":"high","editor_notes":"Before publication: (1) Re-check Alaska Supreme Court docket for APC appeal decision. (2) Monitor telehealth lawsuit for preliminary injunction. (3) Review AS 18.05.032 website content. (4) Confirm HB357/SB271 status. (5) Verify AS 18.16.050 injunction order. (6) Check for shield law bills in 2025-2026 session. (7) Session adjourned May 2026; re-check for special session action.","gaps":["AS 18.05.032 website content not reviewed for medically contested claims.","Primary court order for AS 18.16.050 injunction not located online.","Alaska Supreme Court APC appeal decision not yet issued.","Telehealth lawsuit (June 2026) in early stages.","30-day residency requirement constitutionality not confirmed from primary court ruling.","No comprehensive review of AS Title 21 for insurance restrictions."]}}