Legality of Surrogacy in Idaho

Matching with a gestational carrier in Idaho requires an extra level of care and attention to detail.  

There are no specific minimum requirements for a woman to act as a gestational carrier under Idaho law, but we still impose our stringent background check and psychological screening requirements on all of our surrogate candidates.


Boise, Idaho

Idaho only allows an intended parent that is genetically related to the child to be declared the legal parent and be listed on the birth certificate (without an adoption). This is done with a post birth order; unlike a pre-birth order that is utilized in many states. The non-genetic parent will not be named in the post birth order and a step-parent or second parent adoption may be necessary. But don’t worry, you’ll be able to obtain legal custody and guardianship pending any necessary adoption!

The first step of the Idaho legal process is a written legal contract between you and your surrogate. We will help you select an Idaho licensed and surrogacy-specialized attorney to prepare the legal contract; your attorney will also go over the contract with you in detail. Your surrogate (and her spouse) will select their own attorney to review the contract with them. Because there are no specific laws in place regarding what these contracts should look like, your contract can be customized to meet your specific needs. Once everything is agreed upon, the contract is signed and you are ready for the embryo transfer!     

The second step of the Idaho legal process is the post-birth order (“PBO”). Your attorney will petition for the post-birth order soon after your child is born. Generally, you are not required to appear at a hearing in person, but at least one parent must attend via telephone, Facebook or Skype. When issued, the post birth order will designate you as the legal parents of the child. It takes about two additional weeks to obtain a birth certificate listing your names as the legal parents of your child.


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