(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.

Terms Used In Idaho Code 7-1604

  • 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. See Idaho Code 7-1603
  • Donor: The person who makes a gift.
  • Gamete: means a mature male or female germ cell usually possessing a haploid chromosome set and capable of initiating formation of a new diploid individual by fusion with a gamete of the opposite sex. See Idaho Code 7-1603
  • Gestational agreement: means a contract under which a gestational carrier agrees to become pregnant by means of assisted reproduction in order to give birth to a child who will be parented by an intended parent. See Idaho Code 7-1603
  • Gestational carrier: means an adult woman who:
Idaho Code 7-1603
  • Intended parent: means an individual who intends to be the parent of a child born under the terms of a gestational agreement. See Idaho Code 7-1603
    • (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.