(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.
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Terms Used In Idaho Code 7-1605

  • Gestational agreement: means a contract under which a gestational carrier agrees to become pregnant by means of assisted reproduction in order to give birth to a child who will be parented by an intended parent. See Idaho Code 7-1603
  • Intended parent: means an individual who intends to be the parent of a child born under the terms of a gestational agreement. See Idaho Code 7-1603
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories; and the words "United States" may include the District of Columbia and territories. See Idaho Code 73-114
(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.