Going For Gestational Surrogacy in Idaho

There’s no restriction on Gestational Surrogacy in Idaho as no legal case or statute prohibits it in the state. However, there’s a legislative act put into effect from June 2016 that makes it obligatory for a non-genetic parent to do adoption to be legally acknowledged as a parent of the child.

Does the jurisdiction in Idaho grant pre-natal parenthood orders? 

No, only the order for post-birth parenthood or parentage is granted in the state.

Pre-natal Parenthood Orders

Is there any provision for declaring both the intended parents as legal parents through an order for post-birth parenthood, if at least one parent has a genetic connection with the child?

Heterosexual or straight married couple with own sperm and egg: Yes

Heterosexual or straight married couple going with egg or sperm donation: No

Heterosexual or straight unmarried couple with own sperm and egg: Yes

Heterosexual or straight unmarried couple going with egg or sperm donation: No

Same-sex or homosexual couple going with egg or sperm donation: No

Single parent with own sperm or egg: Yes

Is there any provision for declaring both the intended parents as legal parents through an order for post-birth parenthood, if no parent has a genetic connection with the child?

Married heterosexual or straight couple: No

Unmarried heterosexual or straight couple: No

Same-sex or homosexual couple: No

Single parent: No

Where is the Venue? 

The child’s place of birth

Do results change as per Venue? 

No

Is there a need for hearing to obtain a court order for post-birth parenthood or parentage? 

Yes. However, it is not compulsory for the parties to be physically present for the hearing. They can be a part of the proceedings via telephone, Skype, or Facetime.

Will Idaho Vital Records support a parenthood order from another place? 

No. But, there is a provision for domesticating foreign judgment if it involves genetic parents. And this will be further recognized by the Vital Records of the state.

Is there any time limit to acquire the birth certificate post-delivery? 

Yes, It is 2 weeks.

Same-sex or Homosexual Couple

 

How are the homosexual parents placed on the certificate of birth? 

If requested, Father and Father

Can an initial birth certificate be acquired by a homosexual couple from another country, on mentioning the name of the gestational carrier and biological father?

Yes

Can parents obtain a birth certificate with just the names of the biological father or both fathers mentioned on it, without mentioning the Gestational Carrier’s name? 

A birth certificate can be obtained by mentioning the name of the biological father only. If you need to add the second father elsewhere, second-parent adoption is required and the order needs to be transferred back to Idaho. Then the state’s jurisdiction will add the second/companion parent to the certificate of birth.

Is it possible for non-biological same-sex parents to obtain a second/companion parent adoption order solely on the grounds of childbirth in Idaho (i.e., no parent lives in Idaho)? 

No

If no, will Idaho Vital Records recognize the adoption order for the second parent from another state and add them to the child’s birth certificate? 

Yes

 

Adoptions of The Second/companion Parent and Step-parent by Idaho Residents

Note: This is a situation that generally arises when the child is born in another state and the parent seeks stepparent adoption in Idaho. In Idaho, there is no provision for adopting the second parent, so stepparent adoption is analogous to adopting a second parent in other states.

Is the adoption of the stepparents by heterosexual or straight couples living in Idaho granted by the jurisdictions of the state? 

Yes, if they are residents of the state for at least 6 months.

Is it required for the couple to be married?

No

Will the court authorities in Idaho allow for stepparent adoptions to the homosexual couples living in the state? 

Yes, if they are residents of the state for at least 6 months.

Is it required for the couple to be married?  No

Sperm and Egg Donation

Is there a published case or legal act that addresses the donor rights over the resulting sperm, eggs, embryo or child? No

Conventional Surrogacy In Idaho

Traditional or conventional surrogacy is treated the same as gestational surrogacy in Idaho.

Please Note: Since laws of any state pertaining to egg donation or surrogacy may change at any time, the above statements may not be accurate at the time of the match and reproductive attorney consultation is necessary, the referral can be provided through Rite Options.