Surrogacy Contracts in Alaska: What’s Included and Why it Matters

In Alaska, the absence of specific surrogacy legislation means your contract serves as the primary authority for your process. Because there are no state statutes explicitly governing surrogacy, this private agreement establishes the rules. It must clearly outline your compensation, establish your medical rights, and secure your legal protections before you ever set foot in a clinic.

A comprehensive Gestational Carrier Agreement allows you to navigate this unique legal landscape with confidence, confirming that your financial future is secure and your role is clearly defined. If you want to verify your process is protected from day one, contact a surrogacy specialist to learn more about our agency protocols and how we safeguard your interests.

What Should Be Included in a Surrogacy Contract?

Your surrogacy contract guides the interaction between you and the intended parents. In Alaska, this document is critical because it fills the gap left by the absence of state law.

It must be drafted, negotiated, and signed before you begin any medical procedures for the embryo transfer. This agreement is not just a formality; it protects your financial interests and your bodily autonomy.

The contract will generally be organized into specific chapters that address every potential scenario:

• Intent and Parentage: This section explicitly states that you intend to carry the child for the intended parents and that you do not intend to be the legal parent. It confirms that the intended parents will accept full legal and physical custody immediately upon birth. This language is essential for the Alaska courts to process post-birth parentage orders.
• Financial Terms: Your contract will provide a detailed breakdown of your compensation. This includes your base pay, monthly expense allowances, and specific reimbursements for maternity needs. It will also establish the escrow account requirements to ensure money is available when needed.
• Medical Expectations: This chapter outlines the medical protocols you agree to follow, including IVF medications and prenatal care schedules. It establishes how medical decisions will be made and confirms that you have provided informed consent for the physical demands of the process.
• Liability and Risk: The agreement will clarify that you are not financially liable for the costs of the pregnancy or any medical complications that may arise. It shifts the financial risk of medical bills entirely to the intended parents.
• Conduct and Lifestyle: To support a healthy pregnancy, the contract will set boundaries regarding travel, diet, and high-risk activities. These clauses align your lifestyle with the intended parents’ expectations for safety.

Are Surrogacy Contracts Enforceable in Alaska?

Prospective surrogates often worry about whether a contract is valid in a state without specific surrogacy laws. In Alaska, gestational surrogacy contracts are generally enforceable. While no specific law explicitly validates them, courts in Alaska routinely recognize the intent of these contracts and issue parentage orders based on them, provided the contracts do not violate other public policies.

Your attorney will draft your agreement to ensure it does not conflict with Alaska Statute 25.23.090, which governs the reporting of expenditures in adoptions. Because Alaska law strictly separates surrogacy from adoption, your contract must clearly define your compensation as payment for your time, physical effort, and pain and suffering, rather than for the delivery of a child.

The validity of your contract depends on two critical procedural steps:

• Voluntary Agreement: The contract must demonstrate that all parties entered into the arrangement largely of their own free will, without any form of coercion or duress.
• Independent Legal Counsel: You must be represented by your own attorney who is separate from the attorney representing the intended parents. This provides you with a dedicated advocate to explain the legal risks and negotiate the terms on your behalf.

While the financial and behavioral clauses of the contract are enforceable, it is important to know that no contract can legally force you to undergo a medical procedure, such as a cesarean section or termination, against your will.

What Happens If a Surrogacy Contract Is Breached?

Breach of contract provisions keep the process on track and ensure everyone fulfills their promises. A breach occurs when either you or the intended parents fail to meet a significant obligation listed in the signed agreement.

Examples of breaches could include:

• Surrogate: Engaging in high-risk behaviors forbidden by the contract, such as smoking or drug use, or failing to take prescribed IVF medications which causes a cycle cancellation.
• Intended Parents: Failing to fund the escrow account on time or refusing to attend the birth or take custody of the child.

If a breach occurs, the contract will detail specific remedies. Financial consequences are the most common outcome. For example, if a surrogate violates a safety protocol, she may lose specific payments or be required to reimburse the intended parents for lost cycle costs. If the intended parents breach the agreement by failing to pay, you would have the right to halt medical procedures until the financial issue is corrected.

Most well-drafted contracts include a dispute resolution clause. This requires the parties to engage in mediation or psychological counseling to resolve disagreements before pursuing legal action in court.

Understanding Surrogate Compensation in Alaska

Alaska does not place a legal cap on surrogate compensation, allowing you and the intended parents to agree on a fair amount. Your contract will explicitly state the total compensation package and the timeline for every payment, providing you with financial predictability.

Your payments are generally divided into three distinct categories:

• Base Compensation: This is your primary fee for the service of surrogacy. It is typically paid in monthly installments starting after the confirmation of a fetal heartbeat. The contract will list the specific dates these payments will be released from escrow.
• Allowances and Start Fees: You will receive payments to cover the incidental costs of pregnancy. This usually includes a medication start fee when you begin injections and a transfer fee for the embryo transfer procedure. You will also receive a monthly allowance for minor expenses like vitamins, mileage to local appointments, and postage.
• Event-Based Payments: The contract will outline one-time payments for specific milestones, such as a maternity clothing allowance released in the second trimester, or fees for invasive procedures like amniocentesis if they become necessary.

To ensure these payments are secure, your contract will mandate that the intended parents deposit the funds into a licensed and bonded escrow account prior to the start of medical treatment. This confirms that your compensation is never dependent on the intended parents’ personal bank account during the pregnancy.

Medical Rights in a Surrogacy Contract

Although you are carrying a child for another family, you never lose your constitutional rights to bodily autonomy. Your contract creates a framework for collaboration, ensuring that you and the intended parents share the same medical philosophy while respecting your rights as a patient.

Key medical provisions typically include:

• Provider Selection: The agreement will confirm your right to choose your obstetrical care provider. In Alaska, this is particularly important if you live in a remote area, as you may need to agree on a plan for traveling to a major hospital in Anchorage or Fairbanks for the delivery.
• Treatment Compliance: You agree to follow the medical advice and protocols prescribed by the fertility clinic and your OB-GYN. This includes attending all prenatal checkups and taking necessary medications to support the pregnancy.
• Information Sharing: You will sign HIPAA releases that allow the intended parents to speak with your medical providers and view ultrasound reports and test results. This transparency is vital for building trust.

Your contract will not grant the intended parents access to your medical history that is unrelated to the surrogacy pregnancy. Any specific medical concerns or boundaries you have should be addressed during the drafting phase.

Pregnancy Termination & Reduction Clauses

Termination and selective reduction are sensitive topics in any surrogacy agreement. Alaska has strong privacy protections under the state constitution, which generally protect a woman’s right to make reproductive health decisions. However, your contract needs to address the difficult possibility of fetal abnormalities or health risks so that you and the intended parents are on the same page.

The contract will outline the specific circumstances under which the intended parents would request a termination, such as a severe genetic defect. While the contract can express their desires, it cannot legally compel you to undergo a termination procedure if you object. Conversely, it cannot force you to carry a pregnancy to term if your health is in immediate danger.

Lifestyle and Travel Restrictions

To protect the investment of the intended parents and the health of the baby, your contract will place reasonable limitations on your lifestyle during the pregnancy. These restrictions are generally temporary and align with standard medical advice for pregnant women.

Common lifestyle clauses include:

• Dietary and Substance Limitations: You will agree to avoid high-risk foods and completely abstain from alcohol, nicotine, and illegal drugs. The contract may also include a provision for random drug testing to ensure compliance.
• Activity Levels: The contract may restrict certain high-impact activities or contact sports, particularly in the later stages of pregnancy, to reduce the risk of injury.
• Travel Restrictions: Given the geography of Alaska, travel clauses are very specific. You will typically be restricted from traveling outside the state or to remote locations without adequate medical facilities during the third trimester. This ensures you are close to your delivery hospital when labor begins. International travel is usually prohibited after the embryo transfer to avoid legal complications with citizenship.

What the Contract Says About Labor and Delivery

The birth plan is a central part of your contract, ensuring that everyone knows what to expect when the baby arrives. This section serves as a script for the hospital experience, reducing stress for you and the intended parents.

• Delivery Logistics: The contract will specify the hospital where you intend to deliver. If you live in a remote part of Alaska, the contract may include provisions for relocating to a city with a NICU-capable hospital in the weeks leading up to your due date.
• Support and Presence: It will state that the intended parents are permitted to be in the delivery room with you, provided it is allowed by hospital policy and you consent to their presence.
• Postpartum Decisions: The agreement will confirm that the intended parents have the authority to make all medical decisions for the baby immediately after birth.
• Breast Milk Pumping: If you agree to provide breast milk, the contract will set a weekly compensation rate for this service and require the intended parents to cover the cost of supplies and shipping.

Under 7 AAC 05.700, the initial birth certificate will likely list you as the mother because you gave birth. However, your contract will include provisions for a pre-birth or post-birth order that directs Vital Records to issue a new birth certificate naming the intended parents.

Insurance Requirements

Your financial security is a top priority, and your contract will mandate that you are never left responsible for medical bills. In Alaska, many standard health insurance policies contain exclusions for surrogacy pregnancies. Your contract will require a thorough review of your policy to determine if it can be used.

If your policy excludes surrogacy, the intended parents are contractually obligated to purchase a separate surrogacy-specific health insurance policy for you. This ensures that all prenatal and delivery costs are covered.

The contract will also require the intended parents to purchase a life insurance policy for you. This policy typically carries a benefit of $250,000 or more and is designed to protect your family’s financial future in the rare event of a severe complication.

Additional insurance clauses often cover:

• Disability Insurance: This provides you with lost wage replacement if a doctor orders you on bed rest.
• Organ Loss Protection: This provides a lump-sum payment if you suffer a complication that results in the loss of your uterus or fallopian tubes.

We ensure that all insurance policies are active and verified before you begin injections.

Agency vs. Independent Contracts

Choosing between an agency-assisted journey and an independent journey significantly impacts your contract experience. In an independent journey, you are often responsible for vetting the intended parents, finding your own attorney, and managing the escrow payments yourself. This can leave you vulnerable if the intended parents run out of funds or if the contract lacks critical protections.

Working with an agency provides comprehensive support and oversight:

• Screening and Matching: We protect you by pre-screening intended parents to ensure they are financially capable and emotionally ready before you ever see a contract.
• Legal Coordination: We manage the logistics of the legal phase, ensuring you have a qualified Alaska attorney representing your interests at no cost to you.
• Conflict Resolution: If a disagreement arises regarding the contract or expenses, your agency specialist acts as a mediator to resolve the issue professionally, keeping your relationship with the intended parents positive.

In an independent match, you are often left to enforce the contract terms on your own. With an agency, you have a team dedicated to advocating for your rights and ensuring the contract is honored.

Start Your Surrogacy Journey

Your surrogacy contract is the foundation of a successful process, providing you with the clarity and security you need to focus on the incredible gift you are creating. It protects your finances, respects your body, and ensures that you and the intended parents are united in your goals.

We are here to handle the details so you can focus on a healthy pregnancy. If you are ready to begin a journey where your rights are protected every step of the way, contact us online to speak with a specialist today.