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