House Bill 216 Summary

• Creates the Gestational Agreements Act in Idaho Code to establish legal framework for gestational carrier agreements, including requirements for written contracts, court validation, and parentage determination.

• Requires all parties to gestational agreements to be at least 21 years old, represented by separate attorneys, with the gestational carrier having previously given birth and not receiving public assistance.

• Establishes court validation process requiring petition filing within 7 days of birth, with courts confirming intended parent as legal parent and directing state registrar to issue birth certificate naming intended parent.

• Makes failure to provide required notice in gestational agreement proceedings contempt of court and provides for sealed court records to protect privacy of all parties.

• Allows recognition of out-of-state parentage orders and permits disclosure of gamete donor medical information to children born under gestational agreements, unless donor wishes to remain anonymous.