After Roe, abortion will be legal through all 9 months of the pregnancy, for any reason. Connect with Alaska Family Action and then keep reading to find out more about what abortion law would be in your state after Roe.Connect with Alaska Family Action
MORE ABOUT YOUR STATE’S ABORTION LAWS
Below, we’ve summarized what abortion laws would be in your state after Roe.
The Big Question
After Roe, will my state ban nearly all abortions or allow nearly all abortions?
The Alaska Supreme Court ruled in 1997 that the “right to privacy” provision found in Article I, Section 22 of the state constitution contains within it a right to abortion. The court declared, “the right to an abortion is the kind of fundamental right and privilege encompassed within the intention and spirit of Alaska’s constitutional language.” Valley Hospital Association v. Mat-Su Coalition for Choice (1997).
Abortion Limits, Exceptions and Enforcement
Limitations on abortions
If my state won’t ban all abortions, what are the limits to abortion?
None. A mother can obtain an abortion even if her baby could survive outside the womb, although the state requires that aborting a viable fetus be done at a NICU (neonatal intensive care unit). 12 AAC 40.120. Perhaps this requirement exists as an opportunity to save the life of the baby who survives the abortion, but there is no law specifically requiring health care providers to do so.
Exceptions to any limitations
Are there any exceptions to those limitations placed on abortion?
Penalties for performing an illegal abortion
What are the penalties to abortion providers for committing an illegal abortion (one of the forms of abortion that my state has limited under the law)?
When abortion laws are violated, who can file a lawsuit to enforce their rights and the law?
Special standards of care
Does my state impose a special medical standard of care on abortion providers?
Protecting Fundamental Rights
Does my state give parents the right to consent for their child to get an abortion?
No. Alaska has a statute (AS 18.16.020) that requires parental consent or notification; however, this law was struck down by the state Supreme Court in 2016 and is not enforced. A citizens’ initiative was passed in 2010 that required parental notification prior to abortion. However, this statute was also struck down by the Supreme Court and is not enforced.
Does my state have conscience protections for medical professionals who do not want to participate in abortions?
Unclear. Alaska statute AS 18.16.010(b) provides that “Nothing in this section requires a hospital or person to participate in an abortion, nor is a hospital or person liable for refusing to participate in an abortion under this section.” However, in the case of Valley Hospital Association v. Mat-Su Coalition for Choice (1997), the Alaska Supreme Court declared this provision to be “unconstitutional to the extent that it applies to quasi-public institutions.” The receipt of government funding was one factor the court used to classify Valley Hospital, a private entity, as “quasi-public.” Since government funding is ubiquitous throughout the health care system, it is not clear how far the court might extend the scope of what is considered “quasi-public.”
Babies Born Alive
Are there legal protections for babies born alive following a botched abortion in my state?
A mother can obtain an abortion even if her baby could survive outside the womb, although the state requires that aborting a viable fetus be done at a NICU (neonatal intensive care unit). Perhaps this requirement exists as an opportunity to save the life of the baby who survives the abortion, but there is no law specifically requiring health care providers to do so. AS 12 AAC 40.120.
Safety & Health of Women
Does an abortion have to be provided by a licensed physician in my state?
Yes, a physician must be licensed to perform abortions in Alaska. AS 18.16.010(a). However, Planned Parenthood filed a lawsuit in 2019 challenging the physician requirement as it pertains to abortion induced by the drugs mifepristone and misoprostol. Planned Parenthood seeks to have these abortion-inducing drugs administered by advanced practice registered nurses and physician assistants. On November 2, 2021, an Alaska Superior Court Judge granted Planned Parenthood a preliminary injunction, which suspends enforcement of the physician-only requirement for drug-induced abortion, pending final resolution of the lawsuit. According to data from the state of Alaska, over 37 percent of all abortions performed in 2020 occurred using mifepristone / misoprostol.
Does my state’s law require that a woman give informed consent and/or receive counseling prior to allowing an abortion to be performed?
a) information about the nature and risks of undergoing or not undergoing the abortion; or
b) access to a website maintained by the Alaska Department of Health and Social Services that provides information related to prenatal development, services available to pregnant women, risks associated with abortion, pregnancy, and childbirth; family planning information, etc.
Does my state place any waiting requirement on abortion so that a mother has more time to decide?