HB 264 - Gestational Agreements Act

• Creates Chapter 16, Title 7, Idaho Code establishing the "Gestational Agreements Act" to facilitate and regulate gestational surrogacy arrangements with consistent standards and procedural safeguards.

• Requires written gestational agreements between gestational carriers and intended parents, with validation by Idaho district court before assisted reproduction occurs; gestational carrier must be at least 21 years old and have previously given birth to a live child.

• Establishes court procedures for validating agreements, determining parentage, and issuing orders of parentage within 14 days of birth; requires sealed records of proceedings and recognizes orders of parentage from other states.

• Specifies birth certificate procedures directing the state registrar to file certificates naming the intended parent(s) as the legal parent(s) with the gestational carrier's information sealed in records.

• Effective July 1, 2023; amends Idaho Code sections 7-601 and 10-1301, and adds sections 39-255A and 39-260A addressing birth records and stillbirth certificates for gestational carriers.