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Surrogacy in Idaho
Surrogacy is an assisted reproductive technology technique in which one woman, called the surrogate, carries a child for another woman, usually because she can’t conceive or carry a pregnancy to term.
There are two types of surrogacy: gestational and traditional. Most people choose a gestational surrogate. In this situation, the gestational surrogate is implanted with a fertilized embryo— her eggs are not used for the pregnancy. With traditional surrogacy, the surrogate’s own eggs are fertilized by sperm, making the resulting child biologically related to her.
Many couples choose a surrogacy agency to help match them up with a surrogate. Others may choose to ask a friend or family member to act as a known surrogate.
Surrogacy Laws in Idaho
Unlike other states that have laws in place allowing or banning surrogacy, Idaho currently does not have any provisions on the issue. There are no laws in Idaho that prohibit surrogacy agreements in the state, and case law seems to indicate that contracts for this ART technique are permitted.
Surrogacy agreements involving gay, lesbian, bisexual, or transgender individuals have not yet been considered by the courts. Additionally, there is no explicit ban in Idaho for LGBT couples jointly adopting a child.
Couples in Idaho looking for a surrogate can turn to the fertility clinic in the state. The Idaho Center for Reproductive Medicine works with surrogates.
There are also a number of surrogacy agencies in the state that can match couples up with a surrogate. These agencies include:
- Rocky Mountain Surrogacy
- Idaho Surrogacy Center
- The Gift of Surrogacy
Because surrogacy is considered the most legally complex of the ART techniques, it is recommended you retain the services of a lawyer who specializes in surrogacy or reproductive technology law before entering into an agreement.