What You Need to Know About Surrogacy in Idaho

What You Need to Know About Surrogacy in Idaho

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Idaho Surrogacy Laws and Information

Like many states in the U.S., Idaho has no laws regulating the family-building process of surrogacy. Idaho surrogacy contracts are neither authorized nor prohibited, and there are no clear regulations or restrictions on the surrogacy process itself.

However, this doesn’t mean that surrogacy in Idaho is illegal. While this path does come with unique risks and liabilities, working with an experienced Idaho surrogacy professional from the beginning of the process will help ensure that your rights and interests are protected throughout.

So, how exactly does Idaho surrogacy work? How do you become an intended parent or surrogate in Idaho?

Only an Idaho surrogacy attorney can best explain the current surrogacy laws in Idaho, but American Surrogacy has answered some of the most common questions below to get you started.

Q: Is surrogacy legal in Idaho?

A: Like many other states, Idaho does not have any laws regulating surrogacy. However, this does not mean the process in this state is illegal. In fact, in practice, the Idaho surrogacy courts are generally favorable toward the surrogacy process.

As always, it’s important to speak with an experienced surrogacy attorney in Idaho to learn more about if surrogacy is an option for you. But, in theory, most intended parents and prospective surrogates can pursue a surrogacy in Idaho and make their surrogacy dreams come true.

Q: Is compensated surrogacy legal in Idaho?

A: Yes. There are no surrogacy laws in Idaho regulating or restricting how much compensation a woman can receive for being a surrogate.

Q: Is traditional surrogacy legal in Idaho?

A: Yes. There are no surrogacy laws in Idaho indicating that traditional surrogacy is in any way treated differently from gestational surrogacy.

Q: What does a surrogacy agreement in Idaho cover, and how does the legal process work?

A:  There are no surrogacy laws in Idaho that address the validity and enforceability of surrogacy contracts, so the process of creating this legal document should be similar to that in many other states.

To protect the interests and rights of both parties, intended parents and their surrogate should be represented by separate lawyers during the drafting of their surrogacy contract. There may be extensive back-and-forth discussion about the terms of the contract to ensure that both parties are comfortable with the document before it is finalized and put into effect.

All Idaho surrogacy contracts should include details of:

  • Rights and responsibilities for intended parents and their surrogate
  • Potential risks and liabilities and protections against them
  • Surrogate compensation and financial coverage
  • Agreement on sensitive issues like selective reduction and termination
  • And more

You should always work with an experienced surrogacy attorney in Idaho to complete your surrogacy contract. Only after this legal step is complete can you begin the medical process of surrogacy.

Q: Are surrogacy contracts (whether compensated or altruistic) enforceable in Idaho?

A: The law is unclear on the enforceability of contracts for surrogacy in Idaho. The one published surrogacy case does not address whether surrogacy contracts were in violation of Idaho public policy.

Q: What are the surrogacy laws in Idaho on parentage orders?

A: Only intended parents using their own egg or sperm can be granted a post-birth parentage order for a surrogacy in Idaho. A recent case, In the Matter of the Declaration of Parentage, confirmed that any non-genetically related intended parent must adopt their child after birth, rather than be issued a post-birth parentage order.

Intended parents completing an Idaho surrogacy cannot obtain a pre-birth order, no matter their genetic relationship to their child.

Q: Are there any particular laws for parents outside the U.S. who complete a surrogacy in Idaho?

A: Yes, but these Idaho surrogacy laws also apply to intended parents who live in other states, as well. Those intended parents needing to complete an adoption after birth cannot take advantage of a stepparent adoption in Idaho, as the state requires a six-month minimum residency in Idaho before an adoption petition can be filed.

International intended parents who need to complete a stepparent or second parent adoption will need to finish this legal step in another state.

Q: When do intended parents need to complete an adoption after birth? 

A:  Any intended parent who has no genetic relationship to their child born via surrogacy must complete an adoption. Their marital status will determine whether this will be a stepparent or a second-parent (otherwise known as a co-parent) adoption. In Idaho, these adoption processes are in practice the same (see below).

Q: Does Idaho allow second-parent adoptions? Who would need to complete a second-parent adoption vs. a stepparent adoption (if applicable)?

A: Idaho does not allow second-parent adoptions, but the Idaho stepparent adoption process is not limited to married couples. Therefore, these processes are one and the same in Idaho.

However, those wishing to adopt in Idaho after their child is born via surrogacy must meet the six-month residency requirement before an adoption petition can be filed.

Q: If intended parents cannot complete a second-parent adoption, how can unmarried non-biological intended parents protect their parental rights?

A: If intended parents completing a surrogacy in Idaho are not residents of the state, they will need to return to their own state to protect their parental rights through a post-birth adoption order. The Idaho office of vital records will typically honor a second-parent adoption order from another state and update the birth certificate accordingly.

Q: What happens in cases where intended parents use a donor egg, sperm or embryo?

A: As mentioned, any intended parent who uses a donor gamete to have a child via surrogacy will need to complete an adoption, rather than be declared a parent in a post-birth parentage order. If neither intended parent is genetically related to their child, they must complete a full adoption after birth, rather than be issued a post-birth parentage order.

Please speak with an Idaho surrogacy attorney for more detail about what legal steps will need to be taken in your particular surrogacy journey.

Q: Are there any additional laws impacting same-sex surrogacy in Idaho?

A: No. As there are no specific surrogacy laws in Idaho in general, there are no particular laws that would unduly affect LGBT intended parents.

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If you are considering completing a surrogacy in Idaho — whether as an intended parent or prospective surrogate — we encourage you to contact a surrogacy professional to learn more about what your personal process will look like. At American Surrogacy, our specialists can explain the general process of surrogacy and refer you to an appropriate surrogacy attorney in Idaho to represent you through this family-building process.

To learn more about American Surrogacy’s program and services, please call 1-800-875-2229(BABY).

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.