The bill amends the Idaho Code to establish clearer regulations surrounding gestational carrier agreements, focusing on the roles and responsibilities of both gestational carriers and intended parents. A significant change is the prohibition of compensation for gestational carriers beyond reimbursement for actual expenses, such as medical costs and lost wages due to prescribed bed rest. Additionally, a new section (7-1604A) ensures that gestational carriers cannot receive any compensation beyond these allowable expenses, emphasizing the health and welfare of both the carrier and the child. The bill also requires intended parents to enter into a written agreement prior to assisted reproduction, which must detail parental rights and responsibilities, and mandates background checks for both parties along with specific health criteria for the gestational carrier.

Further provisions in the bill address the termination of gestational agreements, stipulating that either party can terminate the agreement before the gestational carrier becomes pregnant with written notice and court validation. In cases of divorce or annulment between intended parents before embryo transfer, the agreement is automatically terminated. The bill clarifies that subsequent marriages of the gestational carrier do not affect the agreement's validity, and consent from a new spouse is not required. Additionally, it mandates the collection of confidential data on gestational carriers for public health purposes and requires intended parents to file notice of the child's birth within fourteen days to confirm parentage, with non-compliance potentially leading to contempt of court. The bill is set to take effect on July 1, 2025.

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