Idaho § 7-1604
Full text of Idaho Idaho Statutes § 7-1604, with citation guidance and answers to common questions.
§ 7-1604.
gestational agreement. (1) Prior to assisted reproduction, a gestational carrier and an intended parent shall enter into a written gestational agreement. If the gestational carrier is married, her spouse shall also be a party to the agreement. Neither the gestational carrier nor her spouse may contribute gametes for use in assisted reproduction under the gestational agreement.
(2) The gestational agreement shall provide that the intended parent will be the parent of any child conceived through assisted reproduction and born under the terms of the agreement.
(3) The gestational agreement shall include the following:
(a) Acceptance by the intended parent of all rights and duties of a parent for any child conceived through assisted reproduction and born under the terms of the gestational agreement;
(b) Verification that:
(i) All parties to the agreement are at least twenty-one (21) years of age;
(ii) The gestational carrier has given birth to a live child at least once before; and
(iii) The gestational carrier agrees to become pregnant by means of assisted reproduction; and
(c) Relinquishment by the prospective gestational carrier, the prospective gestational carrier’s spouse if she is married, and the prospective donor of a gamete for use in assisted reproduction if such prospective donor is not an intended parent of all rights and duties of a parent for any child conceived through assisted reproduction and born under the terms of the agreement.
(4) A prospective gestational carrier may not be receiving public assistance as defined by section 56-201 , Idaho Code.
(5) A gestational agreement may provide for payment of consideration.
(6) A gestational agreement shall not limit the right of the gestational carrier to make decisions to safeguard her health or that of an embryo or a fetus that she is carrying.
(7) In matters relating to the gestational agreement, the gestational carrier and the intended parent shall have independent legal representation.
[7-1604, added 2023, ch. 228, sec. 1, p. 702.]
Frequently Asked Questions About Idaho § 7-1604
What does Idaho Statutes § 7-1604 cover?
Section 7-1604 is part of the Idaho Statutes, the codified statutory law of Idaho. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Idaho § 7-1604?
A common citation format is "Idaho Statutes § 7-1604" (Idaho). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Idaho law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Idaho official source linked on this page or consult a licensed Idaho attorney.
How does Idaho § 7-1604 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Idaho can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Idaho.