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Idaho Surrogacy Law Overview

The Center for Surrogate Parenting walks you through Idaho surrogacy law

Surrogacy is a beautiful family-building method. However, it can be complex, especially when it comes to the laws surrounding it. Thankfully, our experienced surrogacy agency is well-versed in the surrogacy laws of each state, including Idaho surrogacy law. In fact, the Center for Surrogate Parenting (CSP) has completed finalizations of parental rights in this state.

As the oldest surrogacy agency in the world, we have helped U.S. and international parents to welcome healthy babies with help from U.S. surrogates. We are proud to say that we have never experienced issues with intended parents being able to bring their babies home.

To help you learn more about Idaho surrogacy law and how to create a surrogacy contract, we’ve included some basic information below. You can also contact us for more information.

    • Is a surrogacy contract valid and enforceable?

      There are no statutes or published case law specifically permitting or prohibiting surrogacy. Surrogacy is still practiced in the state and is a relatively common way to build or expand one’s family.

    • Does the state have surrogacy laws and/or case law?

      There is one published court decision that deals with surrogacy arrangements in the state, In Re Matter of the Declaration of Parentage. In which the court held that any intended parent who is not genetically related to the child may not secure his or her parental rights by obtaining a post-birth parentage order. Instead, he or she must complete a post-birth adoption.

    • Are the courts typically favorable or unfavorable towards surrogacy arrangements?

      Despite the lack of statutory law on surrogacy, Idaho courts are still generally favorable towards surrogacy arrangements.

    • Is commercial surrogacy legal?

      Commercial surrogacy is legal in Idaho and the intended parents are permitted to compensate the surrogate for her time and expenses. Such compensation is typically arranged for in a surrogacy contract.

    • Is traditional surrogacy permitted?


    • Is gestational surrogacy allowed?


    • What are the requirements for an enforceable surrogacy contract?

      Since Idaho does not have a statutory rule on this, there is not a specific set of guidelines for when an Idaho judge may uphold the validity of a surrogacy arrangement. Parties should articulate their intentions, desires, roles and responsibilities as clearly and specifically as possible to provide proper framework for dispute resolution should an issue arise.

      The intended parents and the surrogate (and her spouse, if applicable) should have independent legal counsel and the surrogate should meet specific requirements. Also, the agreement includes provisions that discuss the legal, financial, and contractual rights, expectations, penalties and obligations of the surrogacy agreement.

    • Can both intended parents be declared the legal parents?

      Yes, only if both intended parents are genetically related to the child. If a sperm or egg donor was used, upon the child’s birth, the intended parents may complete a post-birth adoption and obtain an amended birth certificate that names the genetic parent as well as the non-genetic parent.

    • Are pre-birth and post-birth orders permitted?

      Idaho courts will not grant a pre-birth order, no matter the intended parent’s genetic relation to the child.

      Post-birth orders are permitted. Any intended parent who shares a genetic connection with the child may typically file for and obtain a post-birth parentage order. A hearing is required. However, physical appearance by the intended parents is not necessary when at least one intended parent makes an electronic appearance, via FaceTime or Skype.

    • Will the state honor a pre-birth order issued by another state?

      In most cases, no. However, Vital Records will honor the parentage order if it is for an intended parent who is genetically related to the child, upon domestication by an Idaho court.

    • What do intended parents need to know about getting the baby’s birth certificate?

      The intended parents will receive the baby’s birth certificate two weeks after the birth. Same-sex parents can be listed as Father and Father on the birth certificate if requested.

      International gay couples can obtain an initial birth certificate that names the biological father and gestational carrier. They can subsequently obtain a birth certificate that names the biological father only. They can also subsequently obtain a birth certificate that names both fathers only, but they will have to first complete a second-parent adoption outside of Idaho and bring the order back to Idaho to have the state add the second (non-genetic) father to the birth certificate.

    • Are post-birth adoptions permitted?

      Yes. Post-birth adoptions are allowed and are typically available to intended parents who are not genetically related to the child but who are in a relationship with the genetic intended parent.

      However, if neither intended parent is genetically related to the child (applies to single intended parents or couple), then a full adoption must be filed for and completed in order to obtain legal parental rights to any resulting child.

    • Are second-parent adoptions permitted?

      Second parent adoptions are not permitted, but Idaho will honor a second-parent adoption order issued by another state.

    • Are stepparent adoptions permitted?

      Yes, but it is only permitted for Idaho residents where one intended parent is genetically related to the child, and the non-genetic intended parent is in a relationship (married or unmarried) with the genetic intended parent.

VorzimerMasserman Disclaimer: This is a summary for informational use only and should not be relied upon for legal advice. Please note that the state laws regarding surrogacy frequently change and vary from county to county. The attorneys of VorzimerMasserman are only licensed in California. VorzimerMasserman shall not be responsible for any liability associated with this list.