In Idaho, gestational surrogacy is permitted because no statute or prior case law prohibits it.
Traditional (genetic) surrogacy in Idaho is treated similarly; it is permitted because no statute or case law prohibits it.
In either instance, a 2016 legal case has codified parental rights in such instances: a non-genetic parent will not be recognized on a child’s birth certificate in the first instance. Only genetic parents will be recognized on the birth certificate initially. The non-genetic parent is, however, given joint legal custody and guardianship with the genetic parent. If the non-genetic parent wants to be recognized on the birth certificate, they need to complete a second parent adoption or other parentage process in their home state or country. The birth certificate can then be amended to list the non-genetic parent.