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H 433

GESTATIONAL AGREEMENTS ACT – Amends and adds to existing law to revise provisions regarding the Gestational Agreements Act.

68th Legislature, 1st Regular Session (2025) Introduced by Heather Scott

House Bill H 433 regulates gestational agreements in Idaho, ensuring no compensation for carriers, requiring legal representation, and mandating health evaluations for all parties.

Reported Printed; Filed in the Office of the Chief Clerk
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Bill Summary · H 433

Summary of House Bill H 433: Gestational Agreements Act

Purpose and Intent

House Bill H 433 aims to revise and tighten the existing laws governing gestational carrier agreements in Idaho. The primary intent of the bill is to ensure that gestational agreements are conducted under strict regulations, focusing on the welfare of all parties involved, particularly the gestational carriers and the children born through these arrangements.

Key Provisions

The bill introduces several significant changes to the current Gestational Agreements Act, including:

  1. Definitions and Terminology:

    • Updates definitions related to gestational agreements, including terms like "gestational carrier," "intended parent," and "compensation."

  2. Prohibition of Compensation:

    • Prohibits any form of compensation for gestational carriers beyond reimbursement for medical and necessary expenses incurred as a result of the pregnancy.

  3. Legal Representation:

    • Mandates that all parties involved in a gestational agreement must have independent legal representation to ensure informed consent and understanding of the agreement.

  4. Judicial Oversight:

    • Requires court validation of gestational agreements, including background checks for intended parents and gestational carriers to ensure their suitability.

  5. Data Collection:

    • Establishes provisions for the collection of data on gestational carriers to monitor and regulate the practice effectively.

  6. Birth and Stillbirth Registration:

    • Updates the rules regarding the registration of births and stillbirths to ensure proper legal recognition of parentage for children born through gestational agreements.

  7. Health and Counseling Requirements:

    • Imposes health evaluations and counseling requirements for gestational carriers to ensure they are physically and mentally prepared for the pregnancy.

Affected Parties

The bill affects several groups, including:
- Gestational Carriers: Women who agree to carry a pregnancy for intended parents.
- Intended Parents: Individuals or couples who wish to have a child through gestational surrogacy.
- Legal Professionals: Lawyers who will provide independent legal representation to the parties involved.
- Healthcare Providers: Medical professionals involved in the gestational process.

Procedural Aspects

  • Introduced: March 21, 2025
  • Current Status: Reported printed and filed in the Office of the Chief Clerk.
  • Fiscal Impact: The bill is noted to have no fiscal impact on state or local government revenues or expenditures.

Conclusion

House Bill H 433 seeks to create a more regulated and secure framework for gestational agreements in Idaho, emphasizing the importance of legal clarity, health safety, and the rights of all parties involved. By implementing these changes, the bill aims to protect the interests of gestational carriers, intended parents, and the children born through these agreements.

Compiled from official sources — confirm details with the bill’s official record.

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