Idaho

Accepts / Does NOT Accept CA Judgment

Accepts (However, the Judgment must be domesticated by local counsel following the birth. The Judgment provided to local counsel must be both certified and exemplified. Due to the long domestication process, we have been having Kathleen McRoberts do PE in ID- she reps GC at contract and the leads PE, with SLC reviewing the docs with IPs)

*We do not do PE in CA due to length of domestication process*

Married Hetero Couple

Unmarried Hetero Couple

Married
Same-Sex
Couple

Unmarried Same-Sex Couple

Single Parent

One Bio Connection

Two Bio Connections

N/A

N/A

N/A

No Bio Connections

Pre Birth / Post Birth

Post-Birth

State Law Governing Gestational Surrogacy


Married Hetero Couple

Unmarried Hetero Couple

Married
Same-Sex
Couple

Unmarried Same-Sex Couple

Single Parent

One Bio Connection

Two Bio Connections

N/A

N/A

N/A

No Bio Connections

There is limited law in Idaho addressing gestational surrogacy. The case In Re Matter of the Declaration of Parentage (2016) determined that intended parents who have no genetic connection to the child must go through an adoption, as they cannot secure parental rights through the parentage orders typically associated with surrogacy.

Vital Records Information

Notes:

  • Prior to the birth, provide the hospital with the GC’s signed Guardian Designation.  At the time of birth, an Acknowledgment of Paternity (green sheet) will be provided by the hospital and will need to be completed, signed by all parties, and notarized by the hospital’s notary.  The Acknowledgment of Paternity will list the Intended Father’s name on the birth certificate with the GC; the domesticated Order will instruct Vital Records to remove the GC’s name and issue a corrected birth certificate.

Birth Certificates: Varies, but typically 10 business days

Local Counsel

Kathleen McRoberts
(208) 409-1862
[email protected]