TITLE 7

SPECIAL PROCEEDINGS

CHAPTER 16

GESTATIONAL AGREEMENTS ACT

7-1608.  disputed parentage. (1) If a party to a gestational agreement validated pursuant to section 7-1605, Idaho Code, disputes the parentage of a child allegedly born under the terms of the agreement, the court that issued the validation order shall order genetic testing to determine the parentage of the child.

(a)  If the results of genetic testing are consistent with assisted reproduction as provided for in the agreement, then parentage shall be determined according to the agreement.

(b)  If the results of genetic testing are inconsistent with assisted reproduction as provided for in the agreement, then parentage shall be determined according to other applicable law.

(2)  If a child is born under the terms of an agreement found to be invalid and parentage of the child is disputed, then parentage shall be determined according to other applicable law.

History:

[7-1608, added 2023, ch. 228, sec. 1, p. 704.]