Idaho Surrogacy Laws


When making the choice to pursue your dream of building a family with the help of a surrogate, it is crucial that you have an understanding of the state of Idaho’s surrogacy laws. Your surrogacy journey should be one filled with excitement for the future. However, when it comes to considering the legal aspect of surrogacy, it can feel overwhelming as you try to figure out what your next steps should be. While beginning your surrogacy journey can be stressful, you do not need to worry. The team at Elevate Baby will work to ensure you enter into this wonderful process with the knowledge necessary to ensure you feel confident moving forward. 

Elevate Baby is a surrogacy agency helping intended parents in Idaho navigate the different surrogacy laws in their jurisdiction so they can feel comfortable as they embark on this exciting journey to build a family. We want your experience as an intended parent to be as stress-free as possible, and we will go above and beyond to make sure our Idaho surrogacy agency can help in any way we can.

What Type of Surrogacy Is Legal in Idaho?

The state of Idaho does not have any specific laws regulating surrogacy. Despite the lack of laws and regulations in place, surrogacy is legal and Idaho courts are generally favorable towards intended parents should a dispute ever arise. 

Idaho is considered a post-birth-order state in most cases.  This means that intended parents who do not act as a genetic contributor will have to undergo a second-parent adoption in order to be listed on the birth certificate.  This should not deter intended parents from pursuing surrogacy in Idaho.  At Elevate, our agency fee includes all legal work, whether your journey takes your through a pre-birth-order, or post-birth-order state.

When researching surrogacy as a means to build a family, you may be surprised to learn that there are actually two different types of surrogacy. The first type of surrogacy is called traditional surrogacy, which allows the surrogate to have a biological connection to the child they will carry. Gestational surrogacy is the second type of surrogacy and involves a woman who carries and delivers a child for intended parents but does not have any biological connection to the child. 

While there are no laws prohibiting either type of surrogacy in Idaho, at Elevate Baby, our team only works with gestational surrogates. When you work with our surrogacy agency, you can be rest assured that we know how to navigate all the intricacies of gestational surrogacy and can ensure you have an extensive knowledge of what to expect throughout the journey. Elevate is here to help you understand the surrogacy laws in Idaho. Call us today.

Who Can Become a Surrogate Mother in Idaho?

Before beginning your surrogacy journey in Idaho, you will be matched with a surrogate that our agency believes will be the best fit for you. However, before surrogates are even considered, they must go through screening to ensure that they meet the requirements for surrogate mothers in Idaho. The women who are able to be gestational surrogates include women who meet the following requirements:

  • They must be at least 21 years old and no older than 40
  • They must have delivered a child of their own and are currently parenting at least one child
  • They must have had uncomplicated pregnancies and deliveries, as documented by medical records
  • They should have a body mass index, or BMI, of no higher than 32
  • They must be a citizen of the United States of America, legal resident, or legal immigrant. If a potential surrogate is a legal resident or legal immigrant of the United States, they must be able to provide documentation that is valid for at least two years.
  • They must not be a participant in any of the following government aid programs: cash assistance, welfare, public housing, or Section 8.

At Elevate Baby, it is our goal to ensure that all of the surrogate mothers we work with meet each of the requirements for surrogacy eligibility. This is important not only for legal purposes, but also to ensure that your surrogacy journey has the best chance of being successful while being an overall positive experience. 

What Should Be Included in a Surrogacy Agreement in Idaho?

The gestational surrogacy agreement is a document that will detail the terms of a surrogacy between all involved parties including the intended parents, surrogate mother, the surrogate’s spouse or registered domestic partner, along with any sperm or egg donors. In this agreement, there are certain elements that must be detailed. These elements include the following:

  • The amount of compensation,  that the intended parent(s) will pay to the surrogate mother
  • The medical and living expenses the intended parent(s) will take care of for the surrogate
  • Whether the surrogate will be able to choose a local provider for her care
  • That the donors, if they are not the intended parents, will give up all parental rights to the child
  • That the intended parent(s) will become the child’s legal parents upon the birth of the child
  • The risks of liabilities for all parties involved in the journey
  • Agreed upon terms and conditions regarding termination and selective reduction

A gestational surrogacy agreement should also include which medical exams the surrogate must take and any provisions for what happens if the surrogate cannot get pregnant or miscarries. Our team can assist you in perfecting your surrogate agreement before you or any other involved parties sign. We are here to help you understand the Idaho surrogacy laws. Get started today by calling us. 

Learn Idaho Surrogacy Laws With Elevate Today

At Elevate Baby, we understand that surrogacy offers intended parents the chance to build a family. With years of experience serving high-profile and celebrity clients, we treat all intended parents with the same concierge-level service to ensure that their surrogacy journeys are joyful and fulfilling. 

Contact us today for more information regarding surrogacy laws in Idaho by calling (323) 933-8918 or filling out our contact form.

Getting Started

Whether you are interested in surrogacy or egg donation as an intended parent or potential donor, the process can be one of the most rewarding experiences of your life. Begin your journey today!