(1) A party to a gestational agreement may terminate the agreement at any time prior to the gestational carrier becoming pregnant by means of assisted reproduction under the terms of the agreement. The terminating party must give written notice of termination to the other parties.
(a)  If the agreement has been validated pursuant to section 7-1605, Idaho Code, the terminating party shall file notice of termination with the district court, and the court shall vacate the order of validation.
(b)  Failure to provide the notice required by paragraph (a) of this subsection shall be considered contempt of the authority of the court pursuant to chapter 6, title 7, Idaho Code.
(2)  The district court for good cause shown may terminate a gestational agreement.
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Terms Used In Idaho Code 7-1606

  • Assisted reproduction: means the laboratory and medical procedures used by a medical professional in which human gametes are used outside the body for reproductive purposes. See Idaho Code 7-1603
  • 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
  • Gestational carrier: means an adult woman who:
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
    • (3)  Neither a gestational carrier nor a gestational carrier’s spouse shall be liable to any intended parent for terminating a gestational agreement.