Idaho recently passed a Gestational Agreements Act permitting Gestational Surrogacy in the state. The new House Bill 264, effective July 1, 2023, recognizes the Intended Parent(s) as the resulting child’s sole legal parents (Idaho Code Section 7-1601 – 1612).
Can both Intended Parents be declared the legal parents in a pre-birth parentage order if at least one parent is genetically related to the child?
Will courts declare both Intended Parents the child’s legal parents in a post-birth parentage order if no parent is genetically related to the child?
What are the bases for jurisdiction?
Do results vary by venue?
Is a hearing required to obtain a post-birth parentage order?
Will Idaho Vital Records honor a parentage order from another state?
What is the typical time frame to obtain a birth certificate after delivery?
How are same-sex parents named on the final birth certificate?
Can an international same-sex male couple obtain an initial birth certificate naming the biological father and Gestational Carrier?
Can they subsequently obtain a birth certificate naming only the biological father or both fathers, with no mention of the Gestational Carrier?
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)?
If no, will Idaho Vital Records honor a second parent adoption order from another state and add the second parent to the birth certificate?
Note that this situation typically arises if the child is born outside 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?
Does the couple need to be married?
Will courts in Idaho grant stepparent adoptions to same-sex couples living in Idaho?
Does the couple need to be married?
Is there a statute or published case law that addresses the rights of a donor over the resulting eggs, sperm, embryo or child?
In Idaho, no case law or statute expressly permits traditional surrogacy, though it is still practiced.
Kathleen McRoberts
Third Party Reproduction PLLC
kmcroberts@thirdpartyreproduction.com
(208) 214-4585
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