Gestational Surrogacy Regulations in Idaho

Overview

Gestational Surrogacy is generally permitted in Idaho. There are no statutes that expressly
prohibit or permit gestational surrogacy. There is a published court decision that held that any
Intended Parent who is not genetically related to the child will not be issued a post-birth order
but must instead complete a post birth adoption in order to obtain legal parental rights over
any resulting child.

Intended Parents

Age requirement:
18 years of age or older
Marriage requirement:
No
Married heterosexual couple:
Yes
Married same-sex couple:
No*
Unmarried heterosexual couple:
Yes*
Unmarried same-sex couple:
No
Resident status:
No
Independent legal counsel:
Yes

Gestational Surrogates

Age requirement:
18 years of age or older
Marriage requirement:
No
If married/partnered:
husband’s/partner’s sperm cannot be used
Surrogate status:
Gestational and Traditional Surrogacy
Resident status:
No
Use of own embryos:
No
Independent legal counsel:
Yes
*as long as the IP(s) or GC are residents of Idaho there is a basis for venue in Idaho. There may also be venue in Idaho if the Gestational Carrier is planning on delivering the child in Idaho* ´

Embryos

Intended Parents own sperm:
Yes
Intended Parents own eggs:
Yes
Intended Parents using sperm donor:
No
Surrogate status:
Gestational and Traditional Surrogacy
Intended Parents using egg donor:
No
Intended Parents using both egg and sperm donor:
No

Birth of Child

Birth in Idaho:
Yes
Birth outside of Idaho:
No

Post-Birth parentage orders will generally by granted to Intended Parents who share a genetic
connection with the child.

Parentage

Pre-Birth Orders:
No
Hearing to obtain Order:
Yes
Post-Birth Orders:
Yes

General Information

Will Idaho Vital Records honor a Pre-Birth Order from another state:
No
What is the typical time frame to obtain a birth certificate after delivery:
2 weeks
How are same-sex parents named on the final birth certificate:
Parent and Parent; if requested Father and Father
Can an international same-sex male couple obtain an initial birth certificate naming the biological father and Gestational Carrier:
Yes
Can an international same-sex male couple subsequently obtain a birth certificate naming only the biological father or both fathers with no mention of the Gestational Carrier:
Yes

Second Parent and Stepparent Adoptions for Idaho Residents:

*This situation typically arises if the child is born outside of Idaho. The parents then return to Idaho to obtain a second parent adoption or stepparent adoption in Ut Idaho ah. Stepparent adoptions are available to Idaho residents, whether married or unmarried, when at least one of the Intended Parents is genetically related to the child. Please consult with your attorney on this matter if this issue is to arise*

Traditional Surrogacy in Idaho?

*Traditional Surrogacy in Idaho is treated the same as gestational surrogacy. Although it may be allowed in Idaho because no statute or published case law prohibits it, it is not the general accepted practice. Please consult with a local attorney to determine if you can move forward with traditional surrogacy*
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Disclaimer - The information provided on these pages does not, and is not intended to, constitute legal advice; all content is for general informational purposes only and may not constitute the most up-to-date legal information, either. Please consult with an ART Lawyer for legal advice specific to your case.