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ID H0433
Bill
Status
3/21/2025
Primary Sponsor
Heather Scott
Click for details
AI Summary
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Requires intended parents to be married to each other under Idaho law and both must contribute gametes, with gestational carriers restricted to ages 25-35 who have previously given birth and completed two counseling sessions at least 30 days apart
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Prohibits compensation for gestational carriers beyond actual expenses including medical costs, mental health counseling up to 6 months post-birth, lost wages during prescribed bed rest, legal fees, and settlements for health complications
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Mandates court validation of gestational agreements with criminal background checks, child abuse records checks, and protective order records checks on all parties through Idaho State Police, Department of Health and Welfare, and Supreme Court administrator
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Requires physician certification that surrogacy is "medically necessary" due to the intended mother's infertility or physical condition creating serious risk of death or substantial irreversible bodily impairment from pregnancy
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Establishes confidential data collection on gestational carriers through vital statistics, with records sealed and subject to adoption-level confidentiality requirements, effective July 1, 2025
Legislative Description
Amends and adds to existing law to revise provisions regarding the Gestational Agreements Act.
GESTATIONAL AGREEMENTS ACT
Last Action
Reported Printed; Filed in the Office of the Chief Clerk
3/21/2025