Idaho Code 7-1608 – Disputed Parentage
Current as of: 2023 | Check for updates
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(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.
Terms Used In Idaho Code 7-1608
- 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
- Genetic testing: means an analysis of genetic markers to exclude or identify a person as the parent of a child, including an analysis of one (1) or a combination of the following:
Idaho Code 7-1603Gestational 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