Surrogacy Laws & Process in Idaho
Understanding the Surrogacy Process in Idaho
Building a family through surrogacy in Idaho now follows a clear and supportive legal path. The state recently enacted the Gestational Agreements Act to support intended parents as they begin this journey.
With carriers and donors based in the United States and intended parents coming from across the world, Idaho offers a structured framework that protects the rights of all parties. The surrogacy process combines medical, psychological, and legal considerations, each designed to create a stable foundation for the child and the family awaiting their arrival.
The act affirms the intended parents’ legal rights, helping couples and individuals of different backgrounds approach surrogacy in Idaho. This includes heterosexual couples, same-sex couples, and single parents who seek to expand their families through gestational surrogacy.
Pre-Birth Parentage Orders in Idaho: Legal Recognition Before Birth
Idaho courts recognize pre-birth parentage orders, a step that gives intended parents legal recognition before the child arrives. This recognition plays a key role in protecting the family’s rights and simplifying matters immediately after delivery.
The Gestational Agreements Act (House Bill 264, effective July 1, 2023; Idaho Code Section 7-1601 – 1612) authorizes these orders. Courts in Idaho allow intended parents to establish their legal status before birth across a variety of circumstances.
Families Eligible for Pre-Birth Parentage Orders
- Married heterosexual couples: Orders granted when using their own egg and sperm or a donor.
- Unmarried heterosexual couples: Orders granted when using their own egg and sperm or a donor.
- Same-sex couples: Orders granted when using an egg donor or sperm donor.
- Single parents: Orders granted when using their own egg or sperm.
Outcome
Pre-birth parentage orders allow intended parents to be listed on the birth certificate at the time of delivery. This helps eliminate uncertainty and affirms the child’s legal relationship with the parents from the start.
If no parent holds a genetic connection to the child, courts also grant post-birth parentage orders to ensure the family’s rights remain fully recognized.
Medical, Psychological, and Legal Requirements in Idaho Surrogacy
Surrogacy in Idaho involves more than a legal agreement. Medical and psychological evaluations safeguard the health and readiness of gestational carriers and egg donors. Screenings verify that participants meet health requirements and are prepared emotionally for the journey.
The Gestational Agreements Act requires at least one party to the agreement to have resided in Idaho for six months before signing, or to maintain sufficient ties to the state for jurisdiction. Once approved, the agreement secures the rights and responsibilities of all parties, providing a reliable legal structure.
While Idaho does not expressly permit traditional surrogacy by statute, gestational surrogacy enjoys clear legal support. Egg and sperm donation remain unregulated by specific case law or statutes, though Idaho courts honor donor agreements and recognize parentage orders from other states once domesticated locally.
Adoption also forms part of the legal framework. Idaho does not provide second-parent adoption. Stepparent adoption is available to both heterosexual and same-sex couples who meet the six-month residency requirement, and marriage is not required.
Explore the Carrying Dreams Surrogacy Heatmap
Families planning surrogacy often benefit from understanding how laws vary across the United States. Our Carrying Dreams Surrogacy Heatmap highlights surrogacy-friendly regions and provides a state-by-state overview of surrogacy laws. This resource simplifies research and helps intended parents evaluate the best location for their journey.
If you have any inquiries about the Idaho surrogacy law & process, feel free to contact ustoday.
