Surrogacy in Idaho
Welcome to our comprehensive guide on surrogacy laws in Idaho. If you’re considering surrogacy in the Gem State, it’s crucial to understand the legal landscape surrounding this life-changing process. For a surrogacy journey, the applicable law is typically based on where the surrogate lives and delivers the child.
This surrogacy guide navigates you through Idaho’s legal framework for surrogacy agreements. Explore the rights and responsibilities of all involved parties, from intended parents to surrogates, and explore the detailed requirements for surrogacy contracts. Learn everything you need to know about gestational surrogacy in Idaho.
Gestational Surrogacy in Idaho
Surrogacy is legal in Idaho. As of July 1, 2023, Idaho Gestational Agreements Act went into effect making Idaho a favorable state for surrogacy for all intended parents regardless of marital status, sexual orientation, or genetic connection.
Understanding Surrogacy Laws in Idaho
Legal Parentage
Under the new Idaho law, the parties can file a petition to have their gestational carrier agreement validated pre-birth which in turn makes it enforceable under the statute. Upon finding that the gestational carrier agreement is valid, the court shall issue an order validating the agreement and declaring that the intended parents are/will be the parent(s) of any child born under the terms of the agreement. Then post-birth, the court will issue an order of parentage confirming that the intended parents are the parent(s) of the child
Backing up a step, the legal parentage process is the critical step where parentage is determined. Depending on where your child is born, the birth parentage orders will be completed either pre- or post-birth. Every state, whether pre-birth, post-birth, or some combination of the two, has its own unique process and requirements. Working with an experienced Assisted Reproductive Technology lawyer and reputable agency is critical to the success of a surrogacy journey. One of the many benefits of working with an established agency like ConceiveAbilities is the legal oversight, education, and support provided to both intended parents and gestational surrogates.
Pre-Birth Orders
The pre-birth process means that the relevant state law provides an avenue for the parties to present an order to a judge for entry prior to the child being born that establishes the intended parent(s) as the legal parents of the child. It will also likely direct the hospital to release the child to the intended parents after discharge and order the Idaho Office of Vital Records to name the intended parents on the child’s birth certificate.
Post-Birth Processes
The post-birth process is overall procedurally the same as the pre-birth, but it occurs after the child is born. Often this is because the relevant state law contemplates the existence of a live child before anything can be filed or entered. But the ultimate result is the same – a birth certificate with the intended parents’ names and secure legal parentage of the child in favor of the intended parents. Post-birth court orders may be necessary if the pre-birth order process isn’t followed, ensuring legal parentage.
Common Questions About Idaho Surrogacy Law
Do You Need a Medical Need for Surrogacy in Idaho?
The Idaho statute does not require a medical need for surrogacy.
Are There Any Requirements or Specifications for Intended Parent(s) as It Relates to Marital Status?
Idaho permits married couples, partners, and single individuals to pursue surrogacy.
Do Intended Parent(s) need a genetic connection to the embryo?
In Idaho, intended parents do not need a genetic connection to the embryo.
Can International Intended Parent(s) Pursue Surrogacy in Idaho?
International parents can pursue surrogacy in Idaho. Learn more about becoming a parent with international family building.
Can LGBTQIA+ Intended Parents safely pursue surrogacy in your state?
Yes, Idaho allows surrogacy for all individuals including the gay and LGBTQ+ community, regardless of sexual orientation. Learn more about surrogacy and the LGBTQ+ Community.
Can I Use My Own Surrogate? Is Altruistic Surrogacy Permitted?
Yes, altruistic surrogacy is permitted in Idaho. Even if you have a surrogate, you may still choose to partner with a surrogacy agency to navigate your journey.
Are there any residency requirements for either Intended Parent(s) or surrogates in Idaho?
Yes; either the Intended Parent(s) of the surrogate must have resided in Idaho for 6 months prior to signing the Agreement. Alternatively, there must be other connections with the state of Idaho to provide jurisdiction.
Are there any written laws (statute or case law) relating to the rights of gestational carriers?
Idaho’s Gestational Agreements Act (House Bill NO.264) outlines the rights and requirements of a surrogate Learn more about surrogate rights.
Understanding Surrogacy Terminology
Navigating surrogacy laws in your state requires familiarizing yourself with the legal terms commonly used in these laws and contracts. Explore the distinctions between gestational, traditional, and altruistic surrogacy, along with other key surrogacy terms, in our comprehensive surrogacy glossary.
DISCLAIMER: The information in this blog does not constitute legal advice and should not be construed as such. The information contained is strictly for informational purposes only. ConceiveAbilities does not represent or warrant the content to be error-free.