Idaho is one of the most popular states for surrogacy, and many people consider it a hub for the procedure. Now, for the first time, there is a push to create legislative and judicial oversight of the industry. It is currently unregulated, and a new bill has been introduced with a focus on setting best practices.
One of the reasons why the state is a popular place for surrogacy is because there aren’t any laws around women acting as pregnancy carriers. Because of that, people from all over the world arrange surrogacy in Idaho. If laws are passed that put regulations on this practice, it could potentially have a major impact on medical professionals who focus on reproductive medicine out there.
Currently, some surrogates in Idaho get paid for carrying children, while others do not. Arrangements are made between the surrogate and the person or couple who want the child, usually through an agency. The biggest concern with doing this is that it puts women at risk of abuse. Since there is no law, almost any type of agreement can be made.
Whether these agreements are enforceable in Idaho is one of the biggest questions, and that’s what lawmakers want to change. If surrogacy is something that is allowed by the state, then the thinking is that there should be rules and regulations governing how that practice can be carried out.
The goal is to prevent abuse of surrogacy by the intended parents or the surrogate herself. The Gestational Agreements Act will ensure that the process is carried out properly and all the legalities surrounding the child are handled. Nowadays, the baby’s parents have to go to court to adopt their child, and the surrogate must give up legal rights.
Many parents said how uncomfortable they were because the child was genetically their child and the surrogate was not related to the child in any way. But current Idaho law considers the woman giving birth as the mother, so the adoption process must take place. That change is part of the intent of the bill.
We aim to give our clients a straightforward breakdown of what can seem like a complicated and scary process so they can enjoy the wonderful experience of bringing a child into the world through surrogacy. At The Surrogacy Law Center, we work to help protect our clients’ rights related to egg, sperm, and embryo donation, and surrogacy arrangements, upholding state laws and other jurisdiction ahead. To learn more and speak with an assisted reproduction attorney, contact us today!
