Understanding the surrogacy laws in Idaho can help you have a better surrogacy experience. Currently, there are no surrogacy laws in the state of Idaho. But don’t let this discourage you from pursuing surrogacy in the state.
The lack of surrogacy laws in Idaho does not make surrogacy illegal. It just means there are no laws regulating surrogacy, which is why our surrogacy specialists work with you throughout the process from background clearances to finding a surrogacy attorney. We work to ensure you have the best surrogacy experience possible.
You can get started on the Idaho surrogacy process by getting connected with one of our surrogacy specialists. Contact us today to begin the surrogacy process.
Find a Surrogate Attorney in Idaho
Over our 40 years in business, we’ve created a vast network of trusted surrogate attorneys across the country. Your surrogacy specialist will help you find an Idaho surrogacy attorney to assist you through the legal process of surrogacy. All surrogates and intended parents will need a surrogacy attorney to assist in the legal process.
For surrogates, your attorney will represent you when the surrogacy contract is drawn up. For intended parents, your attorney will create the surrogacy contract, and file your parentage order to be recognized as the legal parents of your child.
Start the Surrogacy Contract
The surrogacy contract is an integral part of the surrogacy process. This ensures all risks and responsibilities are outlined in an agreement that can be recognized in court. A good surrogacy attorney will establish a surrogacy contract that protects you from liability. The surrogacy contract will outline:
-
Risks and responsibilities for intended parents and surrogate
-
Potential risks and liabilities and protections against them
-
Surrogate compensation and financial coverage
-
Agreement on sensitive issues such as selective reduction and termination
The surrogacy contract may include several other things depending on your circumstances, but you will go over all of that with your surrogacy specialist and attorney as you prepare for the legal process. There are currently no laws about the validity and enforceability of surrogacy contracts, but they are generally treated like any other legal agreement.
Parentage Order for Intended Parents
Parentage orders are done for intended parents to be declared the legal parents of their child. Currently, Idaho’s surrogacy laws only allow for post-birth parentage orders for intended parents who are genetically related to their child. This means that intended parents who use a donor egg or donor sperm must adopt their child after birth rather than filing a post-birth order. It’s also important to note that pre-birth orders cannot be obtained in Idaho no matter the genetic relation to the child.
Second-Parent Adoptions vs Stepparent Adoptions
Idaho surrogacy law does not allow second-parent adoptions. A second-parent adoption is another way for same-sex parents to start a family, which is used when same-sex couples cannot adopt jointly. Instead, there are stepparent adoptions. This type of adoption is not limited to married couples, so those who choose to pursue stepparent adoption after their child is born via surrogacy must meet a six-month residency requirement before the petition can be filed. This is generally best suited for those who are already a resident, or become a resident at the beginning of their surrogate’s pregnancy.
We want you to have the best experience when it comes to your surrogacy journey. Learning more about what you can expect from Idaho’s surrogacy laws will only help the process. Get started with surrogacy and contact us today.
This article is not intended to be and should not be taken as legal advice. Please contact a local surrogacy attorney in Idaho for more information about the current state of surrogacy laws in Idaho and to obtain proper legal representation.