Idaho is one of the most popular states for surrogacy, and many people consider it a hub for the procedure. Now, for the first time, there is a push to create legislative and judicial oversight over the industry. It’s currently unregulated, and a new bill has been introduced with a focus on setting best practices.

One of the reasons the state is such a popular place for surrogacy is that there aren’t any laws around women acting as gestational carriers. Because of that, people from around the world arrange for surrogacy in Idaho. If there are laws enacted that place regulations on this practice, it’s possible that it will have a significant effect on the medical professionals who focus on reproductive medicine there.

Currently, some surrogates in Idaho get compensation for carrying children, while others don’t. Arrangements are made between the surrogate and the person or couple wanting the child, often through an agency. The biggest concern with doing this is that it could be putting women at risk of mistreatment. Since there aren’t any laws, just about any kind of agreement can be made.

Whether these agreements are enforceable in Idaho is one of the biggest questions, and that’s what lawmakers want to change. If surrogacy is to be something the state allows, then the thinking is that there should be rules and regulations that govern how that practice can be carried out.

The goal will be to prevent abuse of surrogacy by the parents-to-be or the surrogate themselves. The Gestational Agreements Act would make sure the process was carried out properly and all legalities surrounding the child were handled. Right now, the parents of the baby have to go to court to adopt their child, and the surrogate must give up legal rights.

Many parents have said how uncomfortable that makes them, since the child is genetically their child and the surrogate isn’t related to the child in any way. But current Idaho law considers the woman who gives birth to be the mother, so the adoption process has to take place. Getting that changed is part of the bill’s intent.

We aim to provide our clients with a straightforward breakdown of what might seem to be a complicated and daunting process so that they can enjoy the beautiful experience of bringing a child into the world through surrogacy. At The Surrogacy Law Center, we work to help protect our clients’ rights related to egg, sperm, and embryo donation, and in surrogacy arrangements, keeping state and other jurisdictional laws at the forefront. To learn more and to speak with an assisted reproduction attorney, contact us today!