TITLE 7

SPECIAL PROCEEDINGS

CHAPTER 16

GESTATIONAL AGREEMENTS ACT

7-1606.  Termination of agreement. (1) A party to a gestational agreement may terminate the agreement at any time prior to the gestational carrier becoming pregnant by means of assisted reproduction under the terms of the agreement. The terminating party must give written notice of termination to the other parties.

(a)  If the agreement has been validated pursuant to section 7-1605, Idaho Code, the terminating party shall file notice of termination with the district court, and the court shall vacate the order of validation.

(b)  Failure to provide the notice required by paragraph (a) of this subsection shall be considered contempt of the authority of the court pursuant to chapter 6, title 7, Idaho Code.

(2)  The district court for good cause shown may terminate a gestational agreement.

(3)  Neither a gestational carrier nor a gestational carrier’s spouse shall be liable to any intended parent for terminating a gestational agreement.

History:

[7-1606, added 2023, ch. 228, sec. 1, p. 703.]