Gestational Surrogacy is permitted in Idaho because no statute or published case law prohibits it. However, recent case law (June 2016) confirms that a non-genetic parent must adopt the child to be recognized as a legal parent.
Do courts grant pre-birth parentage orders? No, only post-birth parentage orders are granted in Idaho.
Can both Intended Parents be declared the legal parents in a post-birth parentage order if at least one parent is genetically related to the child?
Can both Intended Parents be declared the legal parents in a post-birth parentage order if no parent is genetically related to the child?
What are the bases for venue? The child’s birthplace
Do results vary by venue? No
Is a hearing required to obtain a post-birth parentage order? Yes. Physical appearance by IPs is not required at hearing. However, at least one parent is required to appear telephonically, via Facetime, or Skype.
Will Idaho Vital Records honor a parentage order from another state? No. However, the court will domesticate the foreign order or judgment if for genetic parents. Vital Records will then recognize it.
What is the typical time frame to obtain a birth certificate after delivery? 2 weeks
How are same-sex parents named on the final birth certificate? If requested, Father and Father
Can an international same-sex male couple obtain an initial birth certificate naming the biological father and Gestational Carrier? Yes
Can they subsequently obtain a birth certificate naming only the biological father or both fathers, with no mention of the Gestational Carrier? They can obtain a birth certificate naming the biological father only. To have the second father added, they will have to do a second-parent adoption elsewhere and bring the order back to Idaho. Then Idaho will add the second parent to the birth certificate.
Can the non-biological parent in a same-sex couple obtain a second parent adoption based solely on the fact that the child was born in Idaho (i.e., neither of the Intended Parents lives in Idaho)? No
If no, will Idaho Vital Records honor a second parent adoption order from another state and add the second parent to the birth certificate? Yes
Note that this situation typically arises if the child is born outside of the state. The parents then return to Idaho to obtain a stepparent adoption in Idaho. Note further that Idaho does not have second parent adoptions. Therefore, a stepparent adoption in Idaho is analogous to a second parent adoption in other states and is not reserved for married couples.
Will courts in Idaho grant stepparent adoptions to heterosexual couples living in Idaho? Yes, so long as they meet the 6-month residency requirement.
Does the couple need to be married? No
Will courts in Idaho grant stepparent adoptions to same-sex couples living in Idaho? Yes, so long as they meet the 6-month residency requirement.
Does the couple need to be married? No
Is there a statute or published case law that addresses the rights of a donor over the resulting eggs, sperm, embryo or child? No
Traditional surrogacy is treated the same as gestational surrogacy.
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