Title 7 — SPECIAL PROCEEDINGS

7-1601. short title. This chapter shall be known and may be cited as the "Gestational Agreements Act."

7-1602. PURPOSE. The purpose of this chapter is to: (1) Facilitate the use of gestational agreements in accordance with the public policy of the state of Idaho; (2) Establish consistent standards and procedural safeguards for the protection of all parties to gestational agreement…

7-1603. definitions. As used in this chapter: (1) "Assisted reproduction" means the laboratory and medical procedures used by a medical professional in which human gametes are used outside the body for reproductive purposes. (2) "Gamete" means a mature male or female germ cell us…

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 carr…

7-1605. validation of agreement. (1) A gestational agreement entered under this chapter is enforceable only if it is validated pursuant to this section. (2) For a gestational agreement to be validated pursuant to this section, at least one (1) party to the agreement must reside i…

7-1606. Termination of agreement. (1) A party to a gestational agreement may terminate the agreement at any time prior to the gestational carrier becoming pregnant by means of assisted reproduction under the terms of the agreement. The terminating party must give written notice o…

7-1607. parentage under a validated gestational agreement. (1) This section shall apply in determining the parentage of a child born under the terms of a gestational agreement that has been validated pursuant to section 7-1605, Idaho Code. (2) No later than fourteen (14) days aft…

7-1608. disputed parentage. (1) If a party to a gestational agreement validated pursuant to section 7-1605, Idaho Code, disputes the parentage of a child allegedly born under the terms of the agreement, the court that issued the validation order shall order genetic testing to det…

7-1609. sealed record of proceeding. On the motion of any party to a proceeding under this chapter, the district court shall order that the record of its proceedings under this chapter be sealed. When such order has been made and entered, the court shall seal the record, and ther…

7-1610. jurisdiction. Subject to the jurisdictional standards of chapter 11, title 32, Idaho Code, the court that conducts a proceeding under this chapter shall have exclusive, continuing jurisdiction of all matters arising out of the gestational agreement until a child born unde…

7-1611. full faith and credit. (1) An order of parentage issued by a court or administrative body of another state with jurisdiction to make the order shall be entitled to full faith and credit and shall be accepted by the courts of this state. (2) To certify an order of parentag…

7-1612. medical information of donor. A gestational agreement may provide for the disclosure of a gamete donor’s medical information to a child born according to the terms of the gestational agreement and may describe the circumstances warranting such disclosure. However, if a ga…