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- Alaska Statutes.
- Title 18. Health, Safety, and Housing
- Chapter 16. Regulation of Abortions
- Section 10. Abortions.
previous: Chapter 16
. Regulation of Abortions
next: Section 20
. Consent Required Before Minor's Abortion.
AS 18.16.010. Abortions.
- (a) An abortion may not be performed in this state unless
- (1) the abortion is performed by a physician licensed by the State Medical Board under AS 08.64.200
- (2) the abortion is performed in a hospital or other facility approved for the purpose by the Department of Health and
Social Services or a hospital operated by the federal government or an agency of the federal government;
- (3) before an abortion is knowingly performed or induced on an unmarried, unemancipated woman under 17 years of age,
consent has been given as required under AS 18.16.020
or a court has authorized the minor to consent to the abortion under AS 18.16.030
and the minor consents; for purposes of enforcing this paragraph, there is a rebuttable presumption that a woman who
is unmarried and under 17 years of age is unemancipated;
- (4) the woman is domiciled or physically present in the state for 30 days before the abortion; and
- (5) the applicable requirements of AS 18.16.060
have been satisfied.
- (b) 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.
- (c) A person who knowingly violates a provision of this section, upon conviction, is punishable by a fine of not more than
$1,000, or by imprisonment for not more than five years, or by both.
- (d) [Repealed, Sec. 6 ch 14 SLA 1997].
- (e) A person who performs or induces an abortion in violation of(a)(3) of this section is civilly liable to the pregnant
minor and the minor's parents, guardian, or custodian for compensatory and punitive damages.
- (f) It is an affirmative defense to a prosecution or claim for a violation of (a)(3) of this section that the pregnant
minor provided the person who performed or induced the abortion with false, misleading, or incorrect information about
the minor's age, marital status, or emancipation, and the person who performed or induced the abortion did not
otherwise have reasonable cause to believe that the pregnant minor was under 17 years of age, unmarried, or
- (g) It is an affirmative defense to a prosecution or claim for violation of (a)(3) of this section that compliance with
the requirements of (a)(3) of this section was not possible because an immediate threat of serious risk to the life or
physical health of the pregnant minor from the continuation of the pregnancy created a medical emergency necessitating
the immediate performance or inducement of an abortion. In this subsection, "medical emergency" means a condition that,
on the basis of the physician's or surgeon's good faith clinical judgment, so complicates the medical condition of a
pregnant minor that
- (1) an immediate abortion of the minor's pregnancy is necessary to avert the minor's death; or
- (2) a delay in providing an abortion will create serious risk of substantial and irreversible impairment of a major bodily
function of the pregnant minor.
- (h) A physician or other health care provider is liable for failure to obtain the informed consent of a person as required
under AS 18.16.060
if the claimant establishes by a preponderance of the evidence that the provider has failed to inform the person of
the common risks and reasonable alternatives to the proposed abortion procedure and that, but for that failure, the
person would not have consented to the abortion procedure.
- (i) It is a defense to any action for the alleged failure to obtain the informed consent of a person under (h) of this
- (1) the risk not disclosed is too commonly known or is too remote to require disclosure; or
- (2) the person who is the subject of the alleged failure to obtain the informed consent stated to the physician or other
health care provider that the person would or would not undergo the abortion procedure regardless of the risk involved
or that the person did not want to be informed of the matters to which the person would be entitled to be informed.
- (j) In an action under (h) of this section, there is a rebuttable presumption that an abortion was performed with the
pregnant woman's informed consent if the person who performed the abortion submits into evidence a copy of the woman's
written certification required under AS 18.16.060(b).
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