1. What is the Supreme Court ruling on abortion rights in Alaska?

In the 2008 case of Planned Parenthood of Alaska v. State of Alaska, the Alaska Supreme Court ruled that the state’s parental notification law for minors seeking abortions violated the state constitution’s guarantee of privacy. The court held that the law did not provide an adequate judicial bypass process for minors who could not obtain consent from their parents for an abortion.

2. What are the state-level laws governing abortion in Alaska?

In Alaska, abortion is legal. However, there are a few restrictions. The State of Alaska requires abortion providers to give women seeking an abortion information about the risks and alternatives to abortion at least 24 hours before the procedure. The State also requires that a woman under the age of 18 must have parental consent or obtain a court order if they want an abortion. Lastly, abortion providers must inform women about any public programs that provide financial assistance for prenatal care, childbirth, or infant care.

3. Are there any state constitutional provisions which impact abortion rights in Alaska?

Yes, there are state constitutional provisions which impact abortion rights in Alaska. Article I, Section 22 of the Alaska Constitution states that “[a]ny right of privacy or control of one’s body shall not be infringed,” which has been interpreted by the Alaska Supreme Court to include a right to abortion. The Alaska Supreme Court also held that the state constitution does not permit the state to place restrictions on abortion before viability, unless those restrictions are necessary to protect a woman’s life or health.

4. Are there any proposed regulations on abortion in Alaska?

Yes. In 2020, Alaska Governor Mike Dunleavy proposed a regulation that would require a mandatory 24-hour waiting period before a woman can obtain an abortion. The proposed regulation also requires the doctor performing the abortion to provide the woman with certain information, such as risks and alternatives to the procedure.

5. What is the current status of abortion access in Alaska?

The status of abortion access in Alaska is complicated. Alaska currently has few restrictions on abortion access. Abortion is legal up to the point of viability, except when the health of the patient is at risk. There are no mandatory waiting periods, parental notification or consent requirements, or bans on insurance coverage of abortion services. However, there is no clinic providing abortion services in rural or remote parts of the state, meaning that women in those areas must travel long distances to access care.

6. Does the state have any parental notification requirements for minors seeking abortions in Alaska?

Yes, Alaska has parental notification requirements for minors seeking abortions. According to the Alaska Department of Health and Social Services, minors must have notification from their parent or guardian or obtain a judicial waiver before they can obtain an abortion.

7. How has the state Supreme Court interpreted its statutes regarding abortion in Alaska?

The Alaska Supreme Court has interpreted Alaska statutes related to abortion to be consistent with the United States Supreme Court’s decision in Roe v. Wade. In Planned Parenthood v. State, 866 P2d 963 (Alaska 1994) the court struck down an Alaska statute requiring parental consent for minors seeking abortions, finding that it placed an undue burden on the constitutional rights of pregnant minors. The court has also held that the state may not impose a 24 hour waiting period on women seeking abortions because such a requirement is “unjustified and unnecessary” and places an undue burden on a woman’s reproductive right.

8. Are there any state laws mandating the provision of information to women seeking abortions in Alaska?

Yes. Alaska state law requires that all women seeking an abortion receive certain information from a licensed medical professional, including information about the potential risks associated with abortion and other available options for carrying a pregnancy to term. Additionally, Alaska law requires that any woman under the age of 17 must receive consent from a parent or guardian before obtaining an abortion.

9. What are the restrictions on abortions after a specified gestational age in Alaska?

In Alaska, abortions are generally prohibited after 20 weeks of gestation (as of 2019). This may be amended in the future. Additionally, Alaska requires parental notification prior to a minor obtaining an abortion.

10. Are there any restrictions on women seeking abortions based on their residence or citizenship status in Alaska?

No, there are no restrictions on women seeking abortions based on their residence or citizenship status in Alaska.

11. Does the state provide funding for abortion services in Alaska?

No, the state of Alaska does not provide funding for abortion services. However, a variety of organizations in Alaska do offer low-cost or free abortion services.

12. What are the regulations on counseling prior to an abortion procedure in Alaska?

In Alaska, all patients who are seeking an abortion must receive state-directed counseling prior to the procedure. This counseling must be provided by a qualified medical professional and must include information about the nature of the procedure, the medical risks associated with the procedure, and a list of healthcare and social services that are available to assist patients with continuing a pregnancy to term and parenting or placing the child for adoption. The patient must also be informed of the probable gestational age of the fetus at the time of the abortion. Patients must also be given information regarding fetal pain and a statement that most medical organizations do not believe that a fetus feels pain until at least 24 weeks after fertilization.

13. Are there any restrictions on types of abortion procedures in Alaska?

Under Alaska law, abortion procedures are generally unrestricted except in certain circumstances. Specifically, Alaska law prohibits a person from performing an abortion on a minor without the written consent of a parent or guardian and requires that abortions be performed only by a licensed physician. In addition, Alaska law imposes certain restrictions on abortions performed after the 24th week of pregnancy.

14. Does the state impose any waiting periods before a woman can obtain an abortion in Alaska?

Yes, the Alaska Statutes states that a woman must wait for 24 hours before she can obtain an abortion.

15. Are abortions available over the counter or by prescription only in Alaska?

Abortions are only available by prescription in Alaska.

16. Are there any specific regulations regarding disposal of fetal remains in Alaska?

Yes, Alaska has regulations regarding disposal of fetal remains. According to the Alaska Department of Health and Social Services, fetal remains must be disposed of in a respectful manner, and the method of disposal must comply with all applicable local, state, and federal laws. Options for such disposal include burial, cremation, or medical waste disposal. There are also specific regulations regarding the transport and storage of fetal remains.

17. Are there any laws regarding insurance coverage of abortions in Alaska?

Yes. In Alaska, insurance companies that provide health insurance to individuals and employers are not allowed to deny coverage for abortions, except in very specific circumstances. Health care plans that are funded by the state must cover medically necessary abortions, including those related to a medical emergency, rape, or incest. Health plans offered by employers may exclude coverage for abortion, but employers must provide employees with written notice of this exclusion in advance.

18. Are there medical privacy laws which protect women seeking abortions in Alaska?

Yes. In Alaska, the Alaska Confidentiality of Health Care Information Act (CAHIA) protects the privacy of individuals seeking health care services, including abortion. The law requires that protected health information be kept confidential and prohibits the release of such information without explicit consent from the patient. The law also requires that a written statement of confidentiality be provided to all patients upon receiving health care services.

19. Is it legal for healthcare providers to refuse to perform abortions on religious or moral grounds in Alaska?

Yes, healthcare providers in Alaska are allowed to refuse to perform abortions on religious or moral grounds. Alaska state law allows healthcare providers to refuse services related to abortion, as long as the provider gives the patient notice that they will not provide the service and provides a referral for another provider, if requested.

20. Does the state provide financial assistance for pregnant women or families facing difficult pregnancies and/or raising children in Alaska?

Yes. The Alaska Temporary Assistance Program (ATAP) provides cash assistance to low-income families with children. Eligible families can receive assistance to help with basic needs such as food, clothing, housing, and medical expenses. The Alaska Pregnancy Care Program (PCP) provides services and resources to pregnant women and new mothers in Alaska to help them have healthy pregnancies, healthy babies, and a successful transition into motherhood. The Alaska Family Support Program provides assistance to low-income families with children through case management, educational services and financial assistance.