Idaho Surrogacy Laws 2026

Understanding surrogacy laws in Idaho

Choosing surrogacy is a profound and personal decision—one that deserves clarity, compassion, and unwavering support. In 2023, Idaho passed a Gestational Agreements Act permitting Gestational Surrogacy in the state. Their new House Bill 264, effective July 1, 2023 recognized the Intended Parent(s) as the resulting child’s sole legal parents. Idaho surrogacy laws in 2026 reflect a landscape that is both promising and nuanced. This change helped the state’s courts and legal professionals to develop reliable practices to help Intended Parents and Surrogates feel protected and respected throughout their journey.

In Idaho, gestational surrogacy is generally permitted, and both Intended Parents and Surrogates can move forward with confidence when they follow established legal protocols. It’s essential to work with experienced professionals who understand the local legal environment. This approach ensures that every party’s rights are honored and that the process remains transparent and secure.

At Hatch, we believe that every family-building journey should be rooted in safety, transparency, and respect. Idaho’s surrogacy landscape, while less defined than in some states, offers a supportive path for those who are well-prepared and well-advised.

Types of surrogacy recognized in Idaho

Idaho recognizes two primary forms of surrogacy: gestational and traditional. However, the legal environment is far more favorable—and secure—for gestational surrogacy arrangements.

Gestational surrogacy

Gestational surrogacy is the most common and widely accepted form in Idaho. In this arrangement, the Surrogate carries a child conceived using the Intended Parents’ (or donors’) egg and sperm, meaning the Surrogate has no genetic relationship to the baby. Idaho courts are generally supportive of gestational surrogacy, and pre-birth parentage orders are often granted, especially when at least one Intended Parent is genetically related to the child.

Traditional surrogacy

Traditional surrogacy, where the Surrogate’s own egg is used, is legally riskier in Idaho. Because the Surrogate is genetically related to the child, establishing parental rights for the Intended Parents can be more complicated and less predictable. For this reason, most agencies and legal professionals strongly recommend gestational surrogacy as the safest and most secure option for all parties.

Altruistic and compensated surrogacy

Both altruistic (unpaid) and compensated surrogacy arrangements are permitted in Idaho. Compensation for Surrogates is common and legal, provided it is clearly outlined in a written agreement. This flexibility allows Intended Parents and Surrogates to choose the arrangement that best fits their values and needs, with legal protections in place to ensure fairness and transparency.

These distinctions are designed to protect everyone involved—ensuring that your surrogacy journey in Idaho is built on a foundation of trust and mutual respect.

Who can become a Surrogate or Intended Parent in Idaho

Idaho welcomes a diverse range of Intended Parents and Surrogates, but there are important eligibility criteria to consider. Understanding these requirements helps ensure that every surrogacy journey is safe, ethical, and legally sound.

Intended Parents

• Marital status: Both married and unmarried individuals or couples can pursue surrogacy in Idaho. There is no legal requirement for Intended Parents to be married.
• Sexual orientation: Idaho does not restrict surrogacy based on sexual orientation. Both heterosexual and LGBTQ+ Intended Parents are welcome.
• Genetic connection: Courts are most likely to grant pre-birth parentage orders when at least one Intended Parent is genetically related to the child. If neither parent is genetically related, post-birth adoption may be required.

Surrogates

• Age and health: Surrogates must be of legal age (typically 21 or older) and in good physical and mental health, as determined by medical and psychological screening.
• Previous pregnancy: Most agencies and clinics require Surrogates to have had at least one prior successful pregnancy and delivery.
• Residency: Surrogates must be legal residents of Idaho or another state where surrogacy is permitted.
• Lifestyle and support: Surrogates should have a stable lifestyle and a strong support system to ensure a healthy and positive experience.

These eligibility standards are in place to protect the well-being of the Surrogate, the Intended Parents, and—most importantly—the child. At every step, Hatch is committed to upholding these safeguards so you can move forward with confidence and peace of mind.

Legal requirements for surrogacy agreements in Idaho

A clear, comprehensive surrogacy agreement is the cornerstone of a safe and successful surrogacy journey in Idaho. While Idaho surrogacy laws do not mandate a specific statutory contract, the courts expect all parties to have a written agreement that addresses key legal, financial, and ethical considerations.

Essential elements of a surrogacy agreement

• Legal representation: Both the Surrogate and the Intended Parents must have independent legal counsel. This ensures that everyone’s rights and interests are fully protected.
• Compensation and expenses: The agreement should clearly outline any compensation for the Surrogate, as well as how medical and related expenses will be handled.
• Parental rights: The contract must specify how parental rights will be established, including the process for obtaining a pre-birth or post-birth parentage order.
• Medical decisions: The agreement should address decision-making authority during pregnancy, including matters related to prenatal care and delivery.
• Contingencies: Provisions for unforeseen circumstances—such as medical complications or changes in family circumstances—should be included to provide clarity and reassurance.

Parentage orders in Idaho

Idaho courts are generally willing to issue pre-birth parentage orders for gestational surrogacy arrangements, especially when at least one Intended Parent is genetically related to the child. This legal step allows Intended Parents to be recognized on the child’s birth certificate from day one, providing peace of mind and legal security.

If neither Intended Parent is genetically related to the child, a post-birth adoption may be necessary. Your legal team will guide you through this process to ensure a smooth transition of parental rights.

Compliance tips for Idaho surrogacy

• Work with experienced professionals: Choose an agency, attorney, and medical team with deep expertise in Idaho surrogacy laws.
• Prioritize transparency: Ensure all terms are clearly documented and understood by all parties before any medical procedures begin.
• Stay informed: Laws and court practices can evolve. Regularly consult with your legal team and trusted resources to stay up to date.

These legal safeguards are designed to protect your family, your Surrogate, and your dreams—every step of the way.

Ready to begin your Idaho surrogacy journey?

Take the next step with confidence and care

Your surrogacy journey deserves a partner who values your safety, your dreams, and your peace of mind. At Hatch, we combine legal expertise with heartfelt support—guiding you through every stage of the Idaho surrogacy process. Whether you’re an Intended Parent or a potential Surrogate, you can trust us to provide clarity, compassion, and unwavering commitment to your success.

Begin your Idaho surrogacy journey with Hatch—where your family’s future is our highest priority.

Frequently Asked Questions

• Are surrogacy agreements legally enforceable under Idaho surrogacy laws?
  Yes, and courts generally uphold well-drafted surrogacy agreements, especially when both parties have independent legal counsel.
• Can same-sex couples pursue surrogacy in Idaho?
  Absolutely. Idaho surrogacy laws do not discriminate based on sexual orientation. Same-sex couples are welcome to pursue surrogacy and can obtain parentage orders.
• Is compensated surrogacy allowed in Idaho?
  Yes, compensated surrogacy is permitted. The terms of compensation must be clearly outlined in the surrogacy agreement to ensure transparency and fairness.
• What is the safest type of surrogacy in Idaho?
  Gestational surrogacy is considered the safest and most legally secure option under surrogacy laws in Idaho, as the Surrogate has no genetic relationship to the child.
• Do Intended Parents need to be married to pursue surrogacy in Idaho?
  No, both married and unmarried individuals or couples can become Intended Parents under Idaho surrogacy laws.