Title 7, SPECIAL PROCEEDINGS

7-1502. Authorization. To reduce the cost and expense of litigation and encourage the swift, fair and cost-effective resolution of disputes, the legislature hereby establishes a system to encourage civil litigants to resolve their disputes through alternative dispute resolution. …

7-1503. Actions to which the Idaho civil evaluation option applies — Initiation of process — Option to mediate — Motions for removal from evaluation. (1) Civil actions in which the sole relief sought is a money judgment in which the parties agree that the total claims for all dam…

7-1504. Selection of evaluator — Court administration of procedure — Rules, standards and procedures — Exemption from operation of the chapter. (1) All magistrate judges, district judges and appellate court judges and justices, whether classified as sitting, senior or retired, ar…

7-1505. Qualifications, appointment and compensation of evaluators. (1) Any individual desiring to be on a list of private civil litigation evaluators under this chapter shall submit a request to the supreme court identifying each county in which the individual wishes to serve. T…

7-1506. Evaluator authority — Procedures relating to service, filing and computation of time. (1) Solely for the purpose of an evaluation, an evaluator has the authority to: (a) Decide procedural issues and deadlines relating to the conduct of the evaluation, including discovery …

7-1507. Discovery. (1) Unless the evaluator orders otherwise: (a) A defending party may demand in writing a statement from each claimant setting forth separately the amounts of any special, general or other damages sought in the evaluation. Such statement shall be served on all p…

7-1508. Prehearing and hearing procedures. (1) The evaluator shall set the time and place of the evaluation hearing and shall give reasonable notice of the hearing to the parties. The parties may agree to hold the hearing by telephone. Except by stipulation among the parties and …

7-1509. Evaluation decision — Trial de novo — Miscellaneous. (1) Within fourteen (14) days following the evaluation, the evaluator shall issue a written, signed decision. The evaluator shall determine all issues raised by the pleadings, including a determination of any damages. T…

7-1510. Right to trial. The intent of this chapter is to maintain the right to a court or jury trial and the provisions of this statute shall not be construed to impair that right.

7-1511. Severability. If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of the chapter or the application of the provision to other persons or circumstances is not affected.

7-1512. Statistical records — Compilation of evaluator list. (1) The supreme court shall keep statistical records of the number of requests for evaluation filed pursuant to the provisions of this chapter, the number of requests for trial de novo hereunder, and the number of insta…

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…