State Laws and Legislation

Idaho Surrogacy Law

Summary: The Idaho statutes do not address surrogacy agreements, but case law indicates such contracts may be enforceable in the state. The issue of surrogacy agreements involving lesbian, gay, bisexual or transgender (LGBT) individuals has not yet been considered by the courts.

Explanation: In the 1986 case of DeBernardi v. Steve B.D. , a biological mother sought custody of a child after she had relinquished custody to the adoptive parents. Maintaining that a custody decision is governed by the “best interests of the child” standard, the Idaho Supreme Court determined that biology was not the sole factor to be considered. Instead, the Court held that when the biological mother relinquishes custody, absent fraud, duress or undue influence in the adoption process, she should be bound to that choice. Particularly significant to the Court was the fact that the child had lived for a long time with the adoptive parents and had developed a strong bond with them. While not at issue, the legality of surrogate agreements could be implicit in the decision.

There is no explicit prohibition in Idaho on LGBT couples jointly adopting a child, nor is there an explicit prohibition on LGBT individuals adopting the child of their same-sex partner.

Citations: DeBernardi v. Steve B.D., 723 P.2d 829 (Idaho 1986).

Updated: Tue, September 08, 2009 - 11:00:28