Gestational Surrogacy is generally permitted in Idaho. There are no statutes that expressly prohibit or permit gestational surrogacy. There is a published court decision that held that any Intended Parent who is not genetically related to the child will not be issued a post-birth order but must instead complete a post birth adoption in order to obtain legal parental rights over any resulting child.
Post-Birth parentage orders will generally by granted to Intended Parents who share a genetic connection with the child.
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