There is a precedent established in the Idaho Supreme Court that ruled against the enforceability of gestational surrogacy contracts, in the cases where the gestational surrogate is not the genetic mother. The statute dictates that an adoption agreement must be completed in order for the intended parents to have recognized rights over the child.

State law of Idaho does not define whether a surrogate may receive compensation in excess of the costs of reimbursement for expenses.

Generally speaking, surrogacy contracts in Idaho require an adoption after birth of the child.