(1) If a party to a gestational agreement validated pursuant to section 7-1605 , Idaho Code, disputes the parentage of a child allegedly born under the terms of the agreement, the court that issued the validation order shall order genetic testing to determine the parentage of the child.
- (a) If the results of genetic testing are consistent with assisted reproduction as provided for in the agreement, then parentage shall be determined according to the agreement.
- (b) If the results of genetic testing are inconsistent with assisted reproduction as provided for in the agreement, then parentage shall be determined according to other applicable law.
- (2) If a child is born under the terms of an agreement found to be invalid and parentage of the child is disputed, then parentage shall be determined according to other applicable law.
[7-1608, added 2023, ch. 228, sec. 1, p. 704.]