After Roe Fell: U.S. Abortion Laws by State

Protected

Alaska

Abortion will remain legal in Alaska. In 1997, the state’s highest court recognized a fundamental right to “reproductive choice” under the Alaska Constitution.

State Legal Details

Bans Enjoined

  • Method Ban

Restrictions in Effect

  • TRAP Requirements: Facilities, Facility Requirements

State Protections

Abortion has long been protected in Alaska as certain abortions have been legal since pre-Roe.1 Alaska law includes constitutional protections for abortion. The Alaska Supreme Court has interpreted the privacy provision in the state’s constitution to protect a pregnant person’s right to make reproductive decisions, including abortion, as a fundamental right, and more protective than the U.S. Constitution.2 The Alaska Supreme Court also found that limits on public funding for abortion were unconstitutional under the state equal protection clause.3 As such, Alaska’s state health insurance program reimburses a Medicaid provider for an abortion if the provider submits certain documentation.4

Restrictions

Alaska law prohibits D&X procedures, but that ban is permanently enjoined.5 Alaska law includes an unenforced, unconstitutional parental involvement requirement.6

Alaska’s targeted regulation of abortion providers (TRAP) laws include requirements related to facilities7 and reporting.8 However, reporting requirements related to minors’ abortions were held unconstitutional.9 Alaska law restricts the provision of abortion care to licensed physicians.10

Historical Restrictions

Alaska does not have a pre-Roe ban, because certain abortions were legalized before Roe.11

Conclusion

Now that the Supreme Court has overturned Roe, Abortion will remain legal in Alaska. In 1997, the state’s highest court recognized a fundamental right to “reproductive choice” under the Alaska Constitution.

  1. 1970 Alaska Sess. Laws ch. 103, § 1 (former Alaska Stat. §§ 11.15.060(a)(1)-(2)). ↩︎
  2. Planned Parenthood of The Great Nw. v. State, 375 P.3d 1122, 1129 (Alaska 2016) (“In 1997 we examined this express privacy provision in the context of pregnancy-related decisions and held that a woman’s fundamental privacy right to reproductive choice is more broadly protected by the Alaska Constitution than the United States Constitution.”) (citing Valley Hosp. Ass’n, Inc. v. Mat-Su Coal. for Choice, 948 P.2d 963, 966-69 (Alaska 1997)). ↩︎
  3. Alaska Admin. Code tit. 7, § 43.140, invalidated by State, Dept. of Health & Soc. Servs. v. Planned Parenthood of Alaska, Inc., 28 P.3d 904, 915 (Alaska 2001) (statute repealedin 2010); see also Alaska Stat. § 47.07.068, invalidated by State v. Planned Parenthood of the Great Nw., 436 P.3d 984 (Alaska 2019). ↩︎
  4. Alaska Admin. Code tit. 7, § 145.695. ↩︎
  5. Alaska Stat. § 18.16.050; Planned Parenthood of Alaska, Inc. v. State, No. 3AN-97-6019 CIV (Alaska Super. Ct. Mar. 13, 1998), appeal withdrawn, No. S-08610 (Alaska June 29, 2000). ↩︎
  6. Planned Parenthood of The Great Nw., 375 P.3d at 1145 (striking down as unconstitutional Alaska Stat. §§ 18.16.010-040); see also State v. Planned Parenthood of Alaska, 171 P.3d 577, 585 (Alaska 2007). ↩︎
  7. Alaska Stat. § 18.16.010(a)(2); Alaska Admin. Code tit. 7, § 12.370. ↩︎
  8. Alaska Stat. § 18.50.245(b). ↩︎
  9. Planned Parenthood of The Great Nw. v. State, 375 P.3d 1122, 1145 (Alaska 2016) (striking down as unconstitutional Alaska Stat. § 18.16.040). ↩︎
  10. Alaska Stat. § 18.16.010(a)(1). ↩︎
  11. 1970 Alaska Sess. Laws ch. 103, § 1 (former Alaska Stat. §§ 11.15.060(a)(1)-(2)). ↩︎