STATE SURROGACY LAW:

Idaho Surrogacy Laws

Learn More

Overview

On July 1, 2023, a new law will go into effect in Idaho which will impact all surrogacy journeys in Idaho as of July 1, 2023. The law provides for pre-birth validation of gestational carrier agreements. After an agreement is validated and birth occurs, a notice of birth will be filed with the court and the court will issue an order of parentage declaring the intended parent(s) as the legal parent(s) of the child and ordering vital records to issue a birth certificate with the intended parent(s) name(s). Idaho will recognize one or two intended parents, regardless of biological connection to the child, marriage of intended parents is not required. This law eliminates the need for any non-biological parent to complete any form of adoption or parentage in their home country or state to be recognized on the Idaho birth certificate. The agreement must be validated by the court before birth or within 7 days of birth in order for the agreement to be considered enforceable by law.

Types of Surrogacy Available in Idaho

Can a parentage order be obtained for the following?

Gestational surrogacy

YES

Altruistic surrogacy

YES

Traditional surrogacy

YES, although traditional surrogacy is not prohibited in Idaho, most attorneys and agencies strongly advise against the practice given the increased emotional and legal risks involved.

Parentage

Who can be declared as the parent(s) of a child from a surrogate via a court parentage order?

– Both Intended Parent(s) can be named on the parentage order

– Only a genetic Intended Parent can be named on the parentage order. A non-genetic Intended Parent will need to establish parentage via a second or stepparent adoption following birth.

How are Intended Parent(s) Listed on the Birth Certificate?

Intended Parent(s) may be listed as Father-Mother, Parent-Parent, or Father or Mother

Rights of Egg or Sperm Donor(s)

There are no statutes relating to sperm or egg donors other than the artificial insemination statute, but proof must be provided when filing for the parentage order that the donor has relinquished rights. The court enforces sperm and egg donor agreements, which can be used to prove that the donor has relinquished rights.

Surrogacy Steps in Idaho

Surrogacy Process in Idaho

Select your agency and attorneys

Match with a gestational carrier

Complete medical and psychological evaluations

Complete legal contract

Begin IVF cycle with surrogate

Apply for pre-birth validation of surrogacy agreement

Delivery

Post-birth

If a surrogacy agreement has been validated, vital records will issue a birth certificate with Intended Parent(s) listed as the Parent(s)

Birth Certificate Timeline

Birth certificate

7-10 business days after receiving post-birth order if expedited

Legal and medical steps involved in the surrogacy process may differ from case to case. Please speak with your agency and attorneys about how the process might look for you.

Court Processes

Surrogacy Contracts

With the newly instated laws going into effect on July 1^st,2023, surrogacy contracts that have been validated by the court are considered enforceable by law.

Independent Counsel

Independent counsel is required to participate in a surrogacy agreement.

Requirements for Surrogates and Intended Parent(s)

Legal and medical steps involved in the surrogacy process may differ from case to case. Please speak with your agency and attorneys about how the process might look for you.

Birth Orders

Do courts issue pre-birth orders?

YES, once a surrogacy agreement has been validated by a judge.

Do courts issue post-birth orders?

YES

Are hearings required to obtain either pre- or post-birth orders?

YES, in some cases a hearing will be required to validate a surrogacy agreement, depending on bases of venue and the judge assigned to the case.

Bases of Venue

What are the bases of venue?

Surrogacy Contracts can be validated and pre-birth orders can be issued through any venue.

Do rulings vary by venue?

Can you file a motion to waive venue?

Yes, there are no requirements for bases of venue.

International Issues

International Intended Parent(s) will have additional legal steps to complete before their return home regarding their country’s immigration and citizen laws that impact the child. It’s imperative the international Intended Parent(s) speak with an experienced attorney in their home country about their situation. The law of more than one country will need to be considered if the Intended Parent(s) are citizens or residents of more than one country.

Residency Requirements

Does Idaho have any residency requirements for out-of-state or International Intended Parents?

YES

Either the Gestational Carrier or one of the Intended Parents must be a resident of the state of Idaho.

Birth Certificates

Can the Intended Parent(s) obtain a subsequent birth certificate naming only the Intended Parent(s) with no mention of the Gestational Carrier?

YES, if the surrogacy agreement has been validated in court, a pre-birth order will be obtained, naming the Intended Parent(s) on the birth certificate.

Passport Timeline

6-8 weeks after submitting birth certificate.

Passports can be expedited for an extra fee; delivery will take 2-5 business day delivery once a birth certificate has been received. Intended Parent(s) can also visit a regional passport agency to receive one within 1-2 business days.

Passports are regulated at the federal level in the United States. To learn more about the process of receiving a US passport, visit Travel.State.gov.

Consulting Attorneys

MONICA COCKERILLE
Idaho Fertility Law/Cockerille Law Office, PLLC
100 W Main St. Suite 204
Boise, ID 83702
208/343-7676 (o)
208/850-3075 (c)
monicacockerille@me.com
www.idahofertilitylaw.com

Legal Disclaimer

The content contained in this website is provided for informational purposes only. Content contained herein may or may not reflect the most current legal information on the subject; accordingly, this website is not promised to be correct or complete at any given time. Outcomes referenced should not be interpreted as an indication of future outcomes. Love & Kindness Surrogacy explicitly disclaims all liability for actions taken or not taken based on the contents of this website.

This website does not constitute a replacement for legal advice or counsel. Always consult an attorney before beginning the surrogacy process.

Last updated April 2023