Idaho

Surrogacy Law in Idaho

Idaho Surrogacy Law: Types of Surrogacy

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.

Are There Surrogate Requirements in Idaho?

No specific legal requirements exist to serve as a gestational surrogate in the state of Idaho.

Does Idaho Surrogacy Law Allow for Pre-Birth Orders?

Parentage Orders: Courts in Idaho do not grant pre-birth orders of parentage. Intended parents wishing to be declared the legal parents of a child born of surrogacy, must do so legally after the child is born.

For post-birth orders, the conditions under which intended parents can be declared legal parents if at least one parent is genetically related to the child are listed below

Yes

Married heterosexual couples, using their own egg or own sperm or using donor egg or sperm, so long as one parent uses their own sperm or egg

Unmarried heterosexual couples, using their own egg or own sperm, or using donor egg or sperm, so long as one parent uses their own sperm or egg

Single parent using own egg or sperm

Married same sex couple using own egg or own sperm or using donor egg or sperm so long as one parent uses their own sperm or egg

Unmarried same sex couple using own egg or own sperm or using donor egg or sperm so long as one parent uses their own sperm or egg

No

Married heterosexual couples, using both egg and sperm donor

Unmarried heterosexual couple using both egg and sperm donor

Single parent using donated egg and sperm

Married same sex couples, using both sperm and egg donor

Unmarried same sex couples, using both sperm and egg donor

For post-birth orders, the conditions under which intended parents can be declared legal parents if neither parent is genetically related to the child are listed below:

Yes

n/a

No

Married heterosexual couples

Unmarried heterosexual couples

Married same sex couples

Unmarried same sex couples

Single parent

Whose names go on the birth certificate in Idaho?

Intended parents are listed with the designation “parent and parent.”

International same-sex couples can receive a birth certificate that names the genetically related parent and the gestational surrogate but only if requested. Otherwise, no birth certificate will be issued with the gestational surrogate’s name and the birth certificate will not be issued until the post birth order is finalized.  The post birth order will grant both intended parents joint legal custody and guardianship of the child.  The genetically related parent will be placed on the birth certificate.  To amend the birth certificate, the non-biological parent will have to go through an adoption or other parentage process in their country or state of residence to be recognized as the legal parent and then file the applicable order with the Court or with the Department of Vital Records.

Surrogacy Conditions for Same-Sex Couples in Idaho

None other than stated above.

Are There Options for Unmarried Intended Parents in the state of Idaho?

Marriage is not a requirement for Intended Parents in Idaho.  See above.

Egg Donation Law

As with surrogacy as a whole, there are no laws or legal precedents that govern rights over donated sperm or eggs.

State law information verified by the following (ART) Assisted Reproductive Law attorney licensed in Idaho*

Monica Cockerille

Idaho Fertility Law/Cockerille Law Office, PLLC

100 W Main St. Suite 204

Boise, ID 83702

Phone: 208.343.7676

http://www.idahofertilitylaw.com

* This information is for general informational purposes only and is not, nor is it intended to be, legal advice. We strongly recommend retaining legal counsel, knowledgeable of reproductive law in the state.