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Surrogacy Laws in Idaho

There are no specific statutes in Idaho that address surrogacy arrangements, but there is some case law to suggest that contracts like these can be enforceable in the state. The deal with surrogacy arrangements with LGBT people hasn’t been looked at by the courts yet.


Explanation: There was a case in 1986 where a biological mother wanted custody of a child once she had given up custody to the parents who were adopting. In keeping with the idea that custody is decided in the child’s best interests, the Supreme Court of Idaho decided that biology was wasn’t the only factor to be looked at. The Court said that the biological mother who relinquished custody, outside of fraud, undue influence, or duress during the adoption process, had to be bound by that decision that she made. Particularly interesting to the Court was the notion that the child had lived for a length of time with the parents who were adoption and had built a strong bond with them. While this wasn’t an issue. The surrogate agreements’ legal status could be implied.



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