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, the bill introduces a new section that mandates independent legal representation for all parties involved in the agreements, as well as a medical affidavit to certify the necessity of the arrangement. Background checks for both intended parents and gestational carriers are also required to ensure safety and suitability.

Further amendments address the termination of gestational agreements, allowing either party to terminate the agreement before pregnancy with written notice and court validation. The bill clarifies that a divorce or annulment between intended parents before embryo transfer automatically terminates the agreement, while subsequent marriages of the gestational carrier do not affect its validity. It also mandates the collection of confidential health and demographic data on gestational carriers for public health purposes. Intended parents are required to file notice of the child's birth within fourteen days to confirm parentage, with non-compliance potentially leading to contempt of court. The legislation aims to create a structured framework for gestational agreements, with an effective date of July 1, 2025.

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