TITLE 7

SPECIAL PROCEEDINGS

CHAPTER 16

GESTATIONAL AGREEMENTS ACT

7-1607.  parentage under a validated gestational agreement. (1) This section shall apply in determining the parentage of a child born under the terms of a gestational agreement that has been validated pursuant to section 7-1605, Idaho Code.

(2)  No later than fourteen (14) days after the birth of the child, the intended parent shall file notice of the birth with the district court that issued the validation order. The court shall then issue an order of parentage confirming that the intended parent is the parent of the child and directing the state registrar of vital statistics to file a birth certificate naming the intended parent as the parent of the child. If necessary, the court shall further order that the child be surrendered to the intended parent. The order of parentage shall contain the following information:

(a)  The child’s full name;

(b)  The child’s date of birth;

(c)  The child’s place of birth;

(d)  The gestational carrier’s full name;

(e)  The full name of the gestational carrier’s spouse, if the gestational carrier is married; and

(f)  The full name of each intended parent.

(3)  If the intended parent fails to file notice as required under subsection (2) of this section, the gestational carrier or the department of health and welfare may file such notice, and the court shall order that the intended parent is the parent of the child and financially responsible for the child.

(4)  Failure to file notice required by this section shall be considered contempt of the authority of the court pursuant to chapter 6, title 7, Idaho Code.

History:

[7-1607, added 2023, ch. 228, sec. 1, p. 703.]