Surrogacy Laws in Idaho
- Is Idaho a surrogate friendly state: Yes.
- Can Parent(s) obtain a birth order without an adoption: Yes, if biologically related to the Child.
- Can birth order be obtained without a genetic connection to Child: Generally no, unless they are Idaho residents and then adoption is the process used.
Summary of Idaho Surrogacy Law
In Idaho, there are no statutes directly relating to surrogacy. Parentage filings occur post-birth. If both Intended Parents are biologically related to the child, both Intended Parents will appear on the birth certificate of the child. If only one of the Intended Parents is biologically related, the biological Intended Parent will appear on the child’s birth certificate and the court grants the other Intended Parent joint legal guardianship and custody of the Child. A second parent adoption or other parentage proceeding would then be necessary in the Intended Parents’ home state or country and following that process, the Idaho birth certificate can be amended to reflect both Intended Parents’ names. If neither parent is biologically related, Idaho will require the parties to go through the Idaho adoption statute and the parties will need to be residents of Idaho for at least 6 months to use that statute. Idaho has no restrictions for single parents or same sex couples, etc.
Summary provided by:
Attorneys specializing in surrogacy law in Idaho
Sarah Edmunds, Esq.
Idaho Fertility Law
100 W Main St. Suite 204
Boise, ID 83702