Society and technology are evolving. If you want to become a parent, but your dream has not become a reality due to several factors or medical complications, there are other options. You can try assisted reproductive methods, including gestational surrogacy. The process usually involves two parties: the intended parents, who want to have a child but are unable to, and the gestational carrier (surrogate mother), who can bear a pregnancy.
Bringing a new child into this world is a serious matter. That is why both parties must understand the implications of their agreement. If you are planning to start your surrogacy journey, you should focus on drafting a legal contract. This will protect the intended parents, the newborn, and the surrogate mother.
A surrogacy contract in Idaho
In the USA, surrogacy laws vary depending on the state. In 2023, The Gestational Agreements Act took effect in Idaho. There is a set of rules to protect everyone involved. It dictates that both parties must sign a written gestational agreement establishing consensus. It must include the following information:
- The acceptance of parental rights and obligations by the intended parents
- The surrender of parental rights and obligations by the surrogate mother and their spouse if they are married
- The details of the agreed compensation, if there are any
The contract must also follow all state regulations to obtain the court’s validation. An Idaho attorney can help you draft an agreement that protects you and the newborn.
Who can enter a surrogacy contract?
In a surrogacy contract, all parties should know the risks and implications. Before starting the process, you must meet the requirements established by the law in Idaho, including:
- The intended parents and the surrogate must all be twenty-one or older
- The surrogate must have given birth to a living child at least once before
- The surrogate and the legal parents must have independent legal representation
Once you have a contract and align all potential expectations, a new and brighter future may await you and your loved ones. Surrogacy can be a helpful tool for intended parents who are not able to have children. Still, it is essential to have all the legal paperwork in place to avoid unnecessary complications or disagreements.
