First-time surrogates in Idaho earn $40,000–$55,000 base compensation plus monthly allowances. See full breakdown below.
| Base Compensation | $40,000 – $55,000 |
| Monthly Allowance | $3,000 – $6,000 |
| Maternity Clothing | $1,000 – $2,000 |
| Lost Wages | $3,000 – $10,000 |
| Total Potential | $47,000 – $73,000 |
| Base Compensation | $50,000 – $70,000 |
| Monthly Allowance | $3,000 – $6,000 |
| Maternity Clothing | $1,000 – $2,000 |
| Lost Wages | $3,000 – $10,000 |
| Total Potential | $57,000 – $88,000 |
Idaho has had an express surrogacy statute since July 1, 2023 — the Gestational Agreements Act, Idaho Code §§7-1601 to 7-1612. Sources describing Idaho as having no statute are out of date; that was only true before mid-2023.
§7-1605 provides that an agreement “is enforceable only if it is validated” by the court. This is the single most important thing to get right in Idaho. The petition is filed after signing and no later than seven days after birth, and the court must find that you entered voluntarily and understand the terms, that healthcare expenses are provided for, and that the consideration is reasonable.
§7-1604(6) provides that an agreement “shall not limit the right of the gestational carrier to make decisions to safeguard her health or that of an embryo or a fetus that she is carrying.”
§7-1606 lets any party terminate any time before you become pregnant. If the agreement was validated, notice is filed and the court vacates the validation. The statute states plainly: “Neither a gestational carrier nor a gestational carrier's spouse shall be liable to any intended parent for terminating a gestational agreement.”
§7-1604 requires that you be 21 or older, have given birth to a live child at least once, not be receiving public assistance, and contribute no gametes; if you are married, your spouse must sign. Medical evaluations, psychological evaluations, BMI limits, residency and insurance are NOT in the statute — agency pages listing those as Idaho legal requirements are wrong. Your own counsel is required (§7-1604(7)), but the statute is silent on who pays, so negotiate that.
Idaho law requires less of you than agencies do. Idaho Code §7-1604 requires only that you be 21 or older, have given birth at least once, not be receiving public assistance, contribute no gametes, and have your own attorney. Medical and psychological evaluations, BMI limits and insurance are agency screening criteria, not Idaho law — despite what some agency pages claim.
Final eligibility is determined by the agency's medical team.
Complete application in 10–15 minutes. Agency contacts you within 48 hours.
Physical exam, bloodwork, and uterine evaluation — paid for by the agency.
Review profiles and meet potential intended parents. You always have the right to say no.
Surrogacy agreement reviewed by your own attorney, funded by the agency.
Monthly compensation begins immediately after transfer. All medical costs covered.
Remaining compensation disbursed around delivery. Post-delivery allowances continue up to 6 weeks.
Yes, but conditionally. Idaho's Gestational Agreements Act has applied since July 2023, and an agreement is enforceable only if a court validates it. You may terminate before pregnancy with no liability.
Typically yes. Most agencies require you to live in the state where you carry the pregnancy, as medical care and legal jurisdiction are state-specific.
Base compensation is generally taxable at the federal level. Expense reimbursements (travel, maternity clothes) are typically not taxable. Consult a tax professional for Idaho-specific guidance.
18–24 months from application to delivery: matching (1–6 months), medical screening, legal review, and the full pregnancy term.
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