TITLE 39

HEALTH AND SAFETY

CHAPTER 2

VITAL STATISTICS

39-255A.  registration of births to gestational carriers. (1) Subject to the requirements set forth in section 39-255, Idaho Code, a certificate of live birth shall be filed with the bureau of vital records and health statistics by the certifier with parentage as determined by the final court order of parentage issued pursuant to the provisions of chapter 16, title 7, Idaho Code. The birth record shall include all the facts of birth, including the gestational carrier’s demographic, medical, and health information. No certificate shall be deemed complete until every item of information required has been provided or its omission satisfactorily accounted for.

(2)  Upon receipt by the bureau of the complete certificate of live birth from the certifier and the certified copy of the order of parentage, the bureau of vital records and health statistics shall accept the record for permanent filing. The birth certificate shall make no reference to the gestational carrier. The facts of birth as relating to the gestational carrier shall be filed with and remain part of the records of the bureau of vital records and health statistics in a sealed file with a certified copy of the order of parentage.

(3)  In the absence of an order of parentage, the birth certificate shall be filed listing the gestational carrier as the mother of the child. The gestational carrier’s information may not be removed, and an intended parent’s information may not be listed on the birth certificate except:

(a)  According to the provisions of section 39-255(e), Idaho Code, to add a biological father; or

(b)  Upon receipt of a certified copy of an order of parentage and a certified report of gestational birth. The report form will be prescribed and furnished by the state registrar. Copies of birth certificates showing the gestational carrier as the mother of the child shall not be issued except upon order of an Idaho court.

(4)  Information necessary to prepare the report of gestational birth shall be furnished by the intended parent or parents or the attorney for the intended parent or parents. The order of parentage and the report of gestational birth shall contain all known facts of birth and the identity of the intended parent or parents.

(5)  Upon receipt by the bureau of the certified report of gestational birth and the certified order of parentage, a new certificate of birth shall be established bearing the full name of the child born and the identity of the intended parent or parents. The new birth certificate shall make no reference to the gestational carrier and shall not be marked as amended. The new birth certificate shall supplant and constitute replacement of any birth certificate for the child previously filed with the bureau of vital records and health statistics and shall be the only birth certificate subject to issuance. The certified report of gestational birth and certified order of parentage shall be filed with and remain part of the records of the bureau of vital records and health statistics in a sealed file with the original certificate.

(6)  In respect to form and nature of contents, the new birth certificate shall be identical to the birth certificate originally filed with the bureau of vital records and health statistics, except that the intended parent or parents shall be entered on the certificate as shown in the report of gestational birth. The child’s name shall remain as shown on the original birth certificate unless the order of parentage specifically states how the bureau of vital records and health statistics should list the child’s name on the birth certificate.

(7)  An order of parentage may be amended only to correct a clerical error.

(8)  All records and information specified in this section, other than a birth certificate issued pursuant to this section, and all records, files, and information of any court in this state relating to gestational birth and parentage proceedings shall not be open to inspection except on order of a court of record of this state; provided, however, that any Idaho magistrate judge may furnish a certified copy of an order of parentage to any duly authorized agency of the United States or the state of Idaho without procuring any prior court order.

History:

[39-255A, added 2023, ch. 228, sec. 4, p. 706.]