H 433 — GESTATIONAL AGREEMENTS ACT – Amends and adds to existing law to revise provisions regarding the Gestational Agreements Act.

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This bill revises various provisions regarding gestational carrier agreements, including definitions, validation, allowable expenses, and the prohibition of compensation.

• Section 7-1603

  Compensation means a payment of money, objects, services, or any- thing else having monetary value. → Compensation means a payment of money, objects, services, or anything else having monetary value. Compensation shall not include reimbursement for actual expenses, as provided for in section 18-1511, Idaho Code, to the gestational carrier or payment for goods or services incurred by the intended parents as a result of the pregnancy and that would not have been incurred but for the pregnancy.

  Defines compensation to exclude reimbursements for actual expenses related to the pregnancy.

• Section 7-1604

  A gestational agreement may not provide for payment of consideration but may provide for payment of expenses as set forth in section 7-1604A, Idaho Code. → A gestational agreement may not provide for payment of consideration but may provide for payment of expenses as set forth in section 7-1604A, Idaho Code.

  Clarifies that gestational agreements cannot offer compensation but can allow for expense reimbursements.

• Chapter 16, Title 7

  7-1604A. PAYMENT OF COMPENSATION PROHIBITED -- EXPENSES ALLOWED. The gestational carrier will receive no compensation other than: (1) Actual medical expenses, including hospital, testing, nursing, midwifery, pharmaceutical, or other similar expenses incurred by the gestational carrier for prenatal care and those medical and hospital expenses incurred incident to the birth; (2) Actual expenses incurred for mental health counseling services provided to the gestational carrier prior to the birth and up to six (6) months after birth; (3) Actual lost wages of the gestational carrier not covered under a disability insurance policy when bed rest has been prescribed for the gestational carrier for some maternal or fetal complication of pregnancy and the gestational carrier, who is employed, is unable to work during the prescribed period of bed rest; (4) Actual court costs and attorney's fees incurred by the gestational carrier; and (5) Payment of any judicially sanctioned settlement or judgment rendered in favor of the gestational carrier or her heirs as a result of her death, loss of reproductive organs or capability, or any other health complication caused by the in utero embryo transfer, pregnancy, or resulting childbirth, miscarriage, or termination of pregnancy.

  Establishes specific provisions that allow reimbursements for certain expenses incurred by the gestational carrier while prohibiting any form of compensation.

• Section 7-1605

  For a gestational agreement to be validated pursuant to this sec- tion, at least one (1) each party to the agreement must reside in Idaho and have so resided for at least six (6) months prior to entering into the gestational agreement or have contacts with the state of Idaho sufficient to justify jurisdiction in the opinion of an Idaho district court. → For a gestational agreement to be validated pursuant to this section, at least one (1) each party to the agreement must reside in Idaho and have so resided for at least six (6) months prior to entering into the gestational agreement or have contacts with the state of Idaho sufficient to justify jurisdiction in the opinion of an Idaho district court.

  Clarifies the residency requirements for parties involving gestational agreements to ensure validation.

Action History

1. March 21, 2025

   Reported Printed; Filed in the Office of the Chief Clerk

2. March 21, 2025

   Introduced, read first time, referred to JRA for Printing

Sponsors

• Heather Scott · Primary

Subjects