Surrogacy in Idaho

Posted on July 15, 2021 by Giving Tree Surrogacy & Egg Donation

Idaho is another state with very few laws outlining and regulating the process of surrogacy. Yet, surrogacy arrangements are made regularly in the state.

It is because Idaho is a lawfully simple state for both intended parents and surrogates. There are no strict laws and almost no restrictions. Which is my most surrogacy arrangements end with a positive result of intended parents having a baby.

If you are an intended parent opting for gestational surrogacy in Idaho, here are a few things you should know:

Is gestational surrogacy legal in Idaho?

Yes, gestational surrogacy is legal in Idaho has no published law or statute that prohibits it.
Additionally, Idaho courts typically favor surrogacy as a path for couples and individuals to achieve parenthood.

Is compensated surrogacy legal in Idaho?

Yes, a surrogate is allowed to receive compensation for her precious work. The amount of compensation is decided beforehand based on the mutual agreement of the intended parents and the surrogate.

Is gay surrogacy legal in Idaho?

Yes, gay surrogacy is also legal in Idaho. And there are no extra laws that would negatively impact same-sex couples opting for surrogacy.

Is traditional surrogacy legal in Idaho?

Yes, similar to gestational surrogacy, no Idaho laws prohibit or regulate traditional surrogacy, so it is legal.

However, traditional surrogacy entails some inherent risks, like a surrogate refusing to relinquish her parental rights. That is why most agencies and intended parents prefer working only on gestational surrogacy.

Intended parents should be aware of all the potential risks associated with their surrogacy.

Are surrogacy agreements enforceable in Idaho?

Since there are no published laws in Idaho that address the enforcement of surrogacy arrangements, it is a bit unclear.
But, surrogacy arrangements are made regularly in the state regardless. So, intended parents should aim to work with an experienced surrogacy attorney in Idaho to receive the best legal advice and a stress-free surrogacy journey.

What are the laws in Idaho on pre-birth orders?

Unfortunately, Idaho courts do not grant pre-birth orders at all. Intended parents that have no genetic connection to the child have to go for adoption after birth to attain parental rights. And the eligibility criteria for adoption is residing in Idaho for at least six months.

On the other hand, intended parents who use their own sperm or egg will have an easier time as they can directly get post-birth parentage orders. Contact an experienced surrogacy attorney in Idaho for more information.

Is second-parent adoption allowed in Idaho?

Yes, second-parent adoptions are legally allowed in Idaho, but on the condition that the intended parent is an Idaho resident for six months or more.

Sometimes, it can be tiring to understand all the strict laws outlining the process of surrogacy. Thankfully, fewer laws of Idaho make it easier for intended parents.

If you are an intended parent in Idaho, the first thing you should do is contact a surrogacy attorney because gestational surrogacy is a complex process.

We recommend intended parents work with experienced surrogacy professionals like Giving Tree Surrogacy and their network of surrogacy attorneys in Idaho.

Fill out an intended parent application to start your journey to parenthood.

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