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State-by-State Surrogacy Laws: Surrogacy in Idaho

Surrogacy can be an amazing journey for both Intended Parents and surrogates alike. Navigating that journey however can be intimidating at first. It’s okay to take your time; do as much research as you can. It’s important that you learn the ins and outs prior to jumping in headfirst. Like a host of other states, Idaho allows surrogacy because there are no specifics local laws forbidden the practice. If you’re concerned about the legality of commercial surrogacy and remain unsure whether it’s a viable option for you, don’t worry: Although there are no specific surrogacy laws on the books, surrogacy agreements are generally treated like any other legal contract under Idaho law. Even without specific surrogacy laws, an attorney familiar with surrogacy and Assisted Reproduction can oversee the particulars so that your journey is completed legally, responsibly, and successfully. With a surrogacy agreement in place, journeys in Idaho can typically be carried out with adequate protections for all involved.

Determining whether surrogacy is the right option for you requires a great deal of introspection. Have many conversations with your family and medical professionals; be honest about your goals and concerns. It’s especially important to seek counsel from a n Assisted Reproduction attorney who can provide you with specific advice reflective of your unique situation. Surrogacy done correctly is subject to specific requirements designed to safeguard both Intended Parents and surrogates. In addition to leaning on your legal representation, try to familiarize yourself with these regulations as you explore the possibility of a surrogacy arrangement. The information below can be a great starting point, though it’s imperative that nothing printed here or any other websites replace the expertise of an Assisted Reproduction attorney who is committed to protecting your interests. An experienced attorney can be an invaluable guide to help you navigate surrogacy in Idaho. Surrogacy Place has complied a list of licensed attorneys; if your state is not listed, check back for updates as we add more attorneys. 

Do note: Surrogacy agreements reflect where the surrogate lives. In some instances, agreements can reflect the residence of the Intended Parent or IVF clinic. Your attorney can tell you more including what options you may have with respect to jurisdiction.

Can I be a surrogate or Intended Parent if I live in Idaho?

Yes. Although Idaho currently lacks specific laws regarding surrogacy (that would change with the proposed Gestational Agreements Act currently being debated in the Idaho legislature), lawyers well-versed in assisted reproduction law have established ethical standards and protocols designed to protect the interests of anyone involved in surrogacy. This applies to attorneys representing Intended Parents as well as those representing surrogates.

Do you need to use a surrogacy agency or can I do an independent surrogacy journey in Idaho?

You never need to use an agency. Many surrogates and Intended Parents prefer going independent. Surrogacy Place’s goal is to make independent journeys more accessible.

What types of individuals/families can utilize surrogacy in Idaho?

While there’s no restrictions for surrogacy based on marital status or sexual orientation in the state, there are some hurdles families in Idaho will face vs some of the more “surrogacy-friendly” states. There are no restrictions on LGBTQ+ families in how the law applies to surrogacy arrangements however.

While traditional surrogacy (where the surrogate is biologically related to the child) is permitted in Idaho, gestational surrogacy (where the surrogate has no genetic connection to the child) is preferred due to the reduced biological risks. For both gestational and traditional surrogacy, however, pre-birth orders are not available in the state. Intended Parents who are not genetically related to their child(ren) will not be issued a post-birth order either, complicating surrogacy in Idaho when donor eggs/sperm/embryos are used. Post-birth orders are restricted to Intended Parents that share a full biological connection to the child born via surrogacy. Where there is no genetic relationship, full adoptions must be completed to establish legal parentage.

 

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Additional details regarding surrogacy in the state of Idaho:

Know your expectations prior to beginning a surrogacy journey in Idaho. As yourself how you feel about medical matters including identifying a hospital location for a planned delivery (what level NICU is available?), vaccinations, surrogate compensation, and how the pregnancy should be handled overall, including lifestyle considerations, diet, and more.

Since the Supreme Court Dobbs decision, abortion is currently illegal in most circumstances in Idaho. Any medical professional in the Gem State who performs an abortion must prove that the abortion was imminently necessary to save the life of the pregnant woman in order to avoid a felony charge. As a result, pregnancy carries additional risks in the state. If pursuing surrogacy in Idaho, you should discuss the possibility of unexpected and significant pregnancy complications and how to handle them in the event an abortion is not possible. 

I think I’m qualified, but I am still not 100% sure

This is to be expected, most surrogates do not jump into surrogacy lightly. We’ve created a short quiz for surrogates to help them get some basic information about some of the most typical requirements.

Here are some general requirements women who want to become surrogates should meet

  • Your own personal family-creation journey has come to a close and you feel fulfilled. You do not have plans for additional children and would not have any regrets if you could not have children in the future.
  • You possess a genuine interest in surrogacy that goes beyond its financial rewards. Your motivation stems from a sincere desire to assist others. Some surrogates derive genuine happiness from being pregnant – these women often make good surrogates.
  • Your overall physical condition is excellent; you are also healthy mentally and in a good place in your relationships and in life.
  • Your BMI is in the normal range and you are between 21-42 in age.
  • You do not receive any form of government financial aid.
  • You abstain from illegal drugs and are prepared to give up alcohol throughout your surrogacy journey.
  • You have had no major pregnancy-related complications in the past.
  • You are willing to follow prescribed hormone/medication regimens.

If you meet all the points above, your Intended Parent(s)’s Reproductive Endocrinologist is likely to clear you via a formal evaluation, though ultimately they will decide if you are medically fit to carry via surrogacy.  

The surrogacy process leading up to embryo transfer generally follows this timeline: a round of interviews for potential matches before deciding on your ultimate match, medical and legal clearances, and, finally, embryo transfer. Surrogates need to be represented by an own attorney of their choosing with Intended Parents always covering surrogate legal costs.

Here’s some information concerning details on the process.

There are several reasons many surrogates prefer Independent matching. Read about some of them here in our blog. 

Can you walk me through how to become a surrogate in Idaho? Yep, see our blog for more details

Independent matching in Idaho

Surrogacy Place was created with you and your needs in mind. We created robust search tools to help you find who you’re looking for. Looking for Idaho-based surrogates or Intended Parents? Try searching by state.

Is independent surrogacy right for me?

If you’re an Intended Parent that isn’t flush with cash, there can be significant cost savings. Obviously that’s a benefit for the Intended Parent(s), but how about to the surrogate? Intended Parents who have a finite budget can usually afford to give the surrogate a higher compensation because they are saving money on agency matching and administration fees. Additionally, the surrogate is free to advocate for their own compensation requirements without pressure from the agency.

Matching is the primary service agencies provide. If you need someone to coordinate travel, either book the travel yourself (very easy to do with basic Internet access) or hire some help via third-party task websites. When disagreements arise, attorneys can be brought in as needed, though the vast majority of surrogacy journeys are done without lawyers intervening after contracts are signed.

In a nutshell, signing an exclusive relationship with an agency who may or may not have your perfect match in their database is a huge risk. While some love the handholding agencies provide, it’s up to you to decide if the pros and cons line up.

We have a rundown of the typical costs associated with surrogacy to help you formulate a budget. See what we put together

Looking for surrogacy information for another state? Explore our surrogacy by state directory.

 

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