pre-Roe statute allowed abortion on demand prior to
impliedly prohibited abortion after viability. Section
18.16.010(d) was repealed in 1997. The
provision of the pre-Roe statute that prohibited post-viability
abortions would not be revived by a decision overruling Roe
v. Wade. Abortions could be performed for any reason at
any stage of pregnancy. Regardless
of Roe, any attempt to prohibit abortion (at least before
viability) in Alaska would be barred by the Alaska Supreme
Court’s decision recognizing a fundamental right to abortion
on state constitutional grounds (privacy).
Alaska Stat. § 11.15.060 (1970), renumbered as § 18.16.010 in 1978
and reorganized in 1986. See Alaska
Stat. § 18.16.010 (Michie 1994).
Id. § 11.15.060(a)
(second sentence), renumbered as § 18.16.010(a) (second
sentence) in 1978, and reorganized as § 18.16.010(d) in
Sess. Laws ch. 14, § 6.
See Alaska Stat. §§ 18.16.010(a)(1), -(2) (Michie 2004).
Hospital Ass’n v. Mat-Su Coalition for Choice, 948
P.2d 963, 969 (Alaska 1997) (defining the scope of the
fundamental right to an abortion as “similar to that
expressed in Roe v. Wade”). In a decision reviewing
Alaska’s parental consent statute four years later, the
Alaska Supreme Court reaffirmed this holding. See
State of Alaska v. Planned Parenthood of Alaska,
35 P.3d 30, 35-39 (Alaska 2001).