Alaska Abortion Laws Under the State Constitution

Alaska has no law that names abortion a right. Its protection comes from one sentence added to the state constitution in 1972, as the Alaska Supreme Court has read it.

By Resist Now Published

Yes. Abortion is legal in Alaska, and state law sets no week limit on when a pregnancy can be ended. The Alaska Supreme Court has held that the state constitution’s privacy clause protects the choice to have an abortion as a fundamental right, more broadly than the U.S. Constitution did (Center for Reproductive Rights).

Key facts

  • Alaska’s constitution has protected privacy by name since an amendment in 1972.
  • The state’s highest court first applied that clause to abortion in a 1997 case.
  • Alaska’s Medicaid program covers abortion, after the court struck limits on public funding.
  • Abortion pills by telehealth are allowed with at least one limit, according to KFF.

Our abortion laws by state page shows the rules in every other state.

Alaska’s Right to Privacy

Article I, Section 22 of the Alaska Constitution reads, “The right of the people to privacy is recognized and shall not be infringed.” Voters added it in 1972, a year before Roe v. Wade (Alaska Constitution).

In Valley Hospital Association v. Mat-Su Coalition for Choice (1997), the Alaska Supreme Court held that the clause protects a woman’s choice about pregnancy. The court repeated in 2016, in a case brought by Planned Parenthood, that the right “is more broadly protected by the Alaska Constitution than the United States Constitution” (Center for Reproductive Rights). Because the right rests on the court’s reading of the constitution, changing it would take a new ruling or a constitutional amendment.

Alaska Abortion Limits in State Law

Alaska law still limits who may provide an abortion to licensed physicians. Some older limits stay in the statute books but cannot be enforced, including a parental involvement rule for minors and a ban on one abortion procedure, according to the Center for Reproductive Rights (Center for Reproductive Rights).

Telehealth is the other limit to know about. KFF counts Alaska among the states where abortion is legal but at least one rule restricts pills prescribed by telehealth. Our mifepristone guide explains the federal rules on the pill.

Where Things Stand

Alaska abortion law

As of October 6, 2026

  • Right to privacy (Alaska Const. art. I, sec. 22) Law, Amended 1972

    The Alaska Supreme Court has read the privacy clause to protect the choice to have an abortion as a fundamental right. (source)

  • Medicaid coverage of abortion Final ruling, Limits struck down

    The Alaska Supreme Court struck limits on public funding under the state's equal protection clause. (source)

  • Parental involvement for minors Final ruling, Not enforced

    The requirement remains in state law but is unconstitutional and not enforced, according to the Center for Reproductive Rights. (source)

  • Physician-only rule Law, In effect

    State law limits who may provide an abortion to licensed physicians. (source)

Source: Center for Reproductive Rights, Alaska; Alaska Constitution, art. I, sec. 22

Alaska Abortion Questions

Is abortion legal in Alaska?

Yes. Alaska sets no week limit, and the Alaska Supreme Court has held that the state constitution’s privacy clause protects the choice to have an abortion as a fundamental right.

What does Alaska's right to privacy say?

Article I, Section 22 of the Alaska Constitution, added in 1972, says “The right of the people to privacy is recognized and shall not be infringed.”

Do minors need a parent's consent for an abortion in Alaska?

A parental involvement law remains in Alaska’s statutes, but the Center for Reproductive Rights reports that courts held it unconstitutional and it is not enforced.

What You Can Do

  1. Read the privacy clause yourself in Article I, Section 22 of the Alaska Constitution.
  2. Compare other states on our abortion laws by state page.
  3. Ask your state legislators where they stand on abortion and Medicaid coverage; find them with the Legislature’s Who Represents Me lookup.
  4. Vote on November 3. The governor, all 40 House seats and half the Senate are on the ballot. See our Alaska governor race guide.