An introduction to the laws of Assisted Reproductive Technology (ART) in the State of Idaho

Generally, is Idaho friendly to ART?  Yes, Idaho is generally friendly to ART.

Is Idaho friendly to non-married couples? Yes, Idaho is friendly to non-married couples.

Is Idaho friendly to LGBT families?  Yes, Idaho is friendly to LGBT families.

Is Idaho friendly to a single intended parent? Yes, Idaho is friendly to single intended parents.

Are there statutes in place for surrogacy in Idaho?  Idaho does not have statutes in place for surrogacy.

Does Idaho have an embryo donation statute? Idaho does not have an embryo donation statute.

Does Idaho have an egg donation statute? Idaho does not have an egg donation statute.

Is gestational surrogacy (third party gamete use) permitted? Gestational surrogacy is permitted in Idaho.

Is traditional surrogacy (use of the surrogate’s genetic material) permitted? Traditional surrogacy is permitted in Idaho.

Is compensated surrogacy allowed by statute?  In practice? Idaho does not have a statute that allows compensation in surrogacy but in practice it is done.

Is uncompensated (expense reimbursement only) surrogacy allowed by statute?  In practice? Idaho does not have a statute that allows un-compensated surrogacy but in practice it is done.

Does Idaho only permit a Carrier to be reimbursed for expenses? No, Idaho does not limit surrogacy to unpaid surrogacy.

Are surrogacy agreements enforceable, void or prohibited? Surrogacy agreements are enforceable in Idaho.

Do both Intended Parents have to be genetically related to the child? Sometimes Idaho requires the Intended Parents to be genetically related to the child.

Does Idaho require at least one Intended Parent to be genetically related to the child? Sometimes Idaho requires at least one Intended Parents to be genetically related to the child.

If a single intended parent uses surrogacy, do they have to be genetically related to the child? Sometime a single intended parent needs to be genetically related to the child.

Do the Intended Parents have to be married? Intended Parents do not have to be married in Idaho.

Do two Intended Parents have to be opposite genders? Intended parents do not have to be opposite gender in Idaho.

Does Idaho allow pre-birth parentage orders to be issued for surrogacy? Idaho does not allow pre-birth parentage orders to be issued for surrogacy except in limited circumstances.

Does Idaho only allow a post-birth parentage order to be issued? Idaho issues post-birth orders except in limited circumstances.

Can you obtain both a pre and post birth order in Idaho for the same child? Except in limited circumstances, it is not possible to obtain both a pre and post birth order in Idaho for the same child.

Can you obtain a parentage order if only the carrier resides in Idaho? You may be able to obtain a parentage order if only the carrier resides in Idaho.

Can you obtain a parentage order if only the intended parents reside in Idaho? You can not obtain a parentage order based on only the intended parents residing in Idaho.

Can you obtain a parentage order if only the birth occurs in Idaho? You can obtain a parentage order if the birth occurs in Idaho.

Can you obtain a parentage order if only the medical procedures/IVF Clinic is in Idaho?

You can not obtain an order based on only the medical procedures taking place in Idaho.

What is the basis for venue in the State? Idaho has a Supreme Court Order that establishes the basis for venue in the State of Idaho.

Do results vary by venue? The results in Idaho do not vary by venue.

Is a hearing required for a parentage order? A hearing is required for a parentage order.

Does Idaho have a passport office? Idaho does have a passport office.

How long does it take to obtain a birth certificate? It takes 3-4 weeks to obtain a birth certificate in Idaho.

Will Idaho vital records honor a parentage order from another state? Idaho vital records will not honor a parentage order from another state.

How does the birth certificate list same-sex parents? Same-sex parents are listed on an Idaho birth certificate as FATHER/FATHER or MOTHER/MOTHER.

Can an initial birth certificate be obtained naming the biological parent and the carrier? Idaho will issue an initial birth certificate naming the biological parent and the carrier.

Can the birth certificate be amended to include only the biological parent or both intended parents? Idaho will amend a birth certificate to include only the biological parent or both intended parents.

Do your amended birth certificates say “amended” on them? Idaho amended birth certificates do not say “amended” on them.

Can intended parents in a surrogacy obtain an adoption order? Intended Parents in a surrogacy can obtain an adoption order in Idaho if they are residents of Idaho.

Assisted Reproduction law and surrogacy involves many complex issues.  Parties who are contemplating engaging in a surrogacy arrangement in the State of Idaho should not rely exclusively on these printed responses.  All these issues should be discussed with an Idaho attorney who is experienced in surrogacy law.  Answers to these questions will be impacted by numerous circumstances that are unique to your surrogacy arrangement.