Learn About Third-Party Assisted Reproduction & Surrogacy Law in Idaho
Everything you need to know about fertility law in Idaho, including surrogacy.
Disclaimer: This content is for informational purposes only and does not constitute legal advice. Klein Fertility Law provides guidance tailored to your unique circumstances, and you should always consult with qualified legal counsel
Key Legal Requirements in Idaho
- Gestational surrogacy is permitted, including compensated arrangements.
- Surrogacy agreements must be signed by all parties before the embryo transfer procedure.
- Parentage is established through pre-birth orders.
- Independent legal representation for all parties is required.
- Court involvement is required to secure a parentage order.
Idaho Surrogacy Law: What You Need to Know
Idaho is an extremely surrogacy friendly state in which to pursue your journey. Idaho surrogacy laws provide a clear framework for intended parents, surrogates, and donors to engage in surrogacy arrangements with confidence.
Idaho Surrogacy at a Glance | Compensated Surrogacy | Allowed |
|---|---|
| Same-Sex Couples | Allowed |
| Single Parents | Allowed |
| Married Intended Parents | Allowed |
| Unmarried Intended Parents | Allowed |
| Pre-Birth Parentage Orders | Allowed |
| Gestational Surrogacy | Permitted |
| Traditional Surrogacy | Permitted, but more legally complex |
| Surrogacy Agreement | Must be in writing and signed prior to an embryo transfer procedure |
| Legal Representation | Independent legal representation is required |
| Health Insurance for Surrogates | Surrogates should have health insurance coverage for a surrogate pregnancy |
| Parental Rights for Non-Genetic Intended Parents | Fully recognized through court orders |
| Eligibility for International Intended Parents | Allowed, but requires additional steps depending on the laws of their home country |
| Court Involvement | Required for parentage orders |
| Birth Certificate | Each Intended Parent will be listed on their child’s original birth certificate, which will be available roughly 10 days post-birth |
| Post-Birth Timeframe to travel home | Domestic: Immediately International: 4-6 weeks post-birth |
Surrogacy laws can be complex and may vary depending on specific circumstances. It's crucial to consult with an attorney licensed in Idaho for personalized advice.