TITLE 7

SPECIAL PROCEEDINGS

CHAPTER 16

GESTATIONAL AGREEMENTS ACT

7-1605.  validation of agreement. (1) A gestational agreement entered under this chapter is enforceable only if it is validated pursuant to this section.

(2)  For a gestational agreement to be validated pursuant to this section, at least one (1) party to the agreement must reside in Idaho and have so resided for at least six (6) months prior to entering into the gestational agreement or have contacts with the state of Idaho sufficient to justify jurisdiction in the opinion of an Idaho district court.

(3)  The parties seeking validation of a gestational agreement shall file a petition in an Idaho district court.

(a)  The petition shall be filed after entry of the agreement but no later than seven (7) days after the birth of a child under the terms of the agreement.

(b)  The gestational agreement shall be attached to the petition.

(4)  The district court may hold a hearing to determine the validity of the agreement. The district court shall issue an order validating the agreement and declaring that the intended parent is or will be the parent of any child born under the terms of the agreement upon finding that:

(a)  The gestational agreement satisfies the provisions of this chapter;

(b)  The parties have voluntarily entered into the agreement and understand its terms;

(c)  Adequate provision has been made for all reasonable health care expenses associated with the gestational agreement, including responsibility for those expenses if the agreement is terminated; and

(d)  The consideration provided for in the agreement, if any, is reasonable.

History:

[7-1605, added 2023, ch. 228, sec. 1, p. 703.]