The bill amends various sections of the Idaho Code concerning gestational carrier agreements, introducing new definitions and provisions to clarify the roles and responsibilities of gestational carriers and intended parents. Notably, it defines "compensation" to exclude reimbursement for actual expenses incurred by the gestational carrier while allowing for reimbursement of specific allowable expenses, such as medical costs and lost wages due to prescribed bed rest. The bill also establishes requirements for gestational agreements, including the necessity for independent legal representation for all parties, and stipulates that gestational carriers must be between the ages of 25 and 35 and have undergone mental health evaluations. Additionally, it mandates background checks for all parties involved to ensure safety and suitability.

Further amendments address the termination of gestational agreements, the determination of parentage, and the collection of data regarding gestational carriers. Key insertions include provisions allowing a court order granting divorce or annulment between intended parents to terminate a gestational agreement if entered before embryo transfer, and clarifying that a subsequent marriage of the gestational carrier does not affect the agreement's validity. The bill also requires intended parents to file notice of the child's birth within fourteen days and updates the language to recognize both intended parents as the child's parents. Furthermore, it mandates the collection of maternal health information and other statistics related to gestational agreements while ensuring the confidentiality of the data. The bill is set to take effect on July 1, 2025, due to an emergency declaration.

Statutes affected:
Bill Text: 7-1603, 7-1604, 7-1605, 7-1606, 7-1607, 39-255A, 39-260A