reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 14 - FAMILY LAW LICENSE SUSPENSIONS › Section 7-1403 - GROUNDS FOR SUSPENSION OF A LICENSE.

7-1403. GROUNDS FOR SUSPENSION OF A LICENSE. In addition to any other basis provided by Idaho law for suspension of a license, a licensee is subject to suspension of a license if the licensee:
(1) Is an obligor who has a delinquency as defined in section 7-1402(3), Idaho Code;
(2) Has failed to comply with a subpoena in a paternity or child support proceeding; or
(3) Has substantially failed to comply with an order providing for visitation with a minor child.
History:
[7-1403 added 1996, ch. 429, sec. 1, p. 1458; am. 1998, ch. 250, sec. 2, p. 816.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 14 - FAMILY LAW LICENSE SUSPENSIONS › Section 7-1404 - JURISDICTION FOR SUSPENSION OF A LICENSE.

7-1404. JURISDICTION FOR SUSPENSION OF A LICENSE. (1) Upon petition of an obligee of a child support order, a person entitled to visitation with a minor child pursuant to court order, or the department of health and welfare, a court may issue an order suspending a license on any of the grounds provided in section 7-1403, Idaho Code.
(2) Upon notification by the department of a child support delinquency, a licensing authority shall initiate proceedings to suspend a license in accordance with its statutory process, petition the court, or refer the matter to the department to initiate proceedings for suspension of the license in accordance with the requirements of this chapter. Upon referral, or if the licensing authority takes no action within thirty (30) days after notification of the delinquency by the department, the department is authorized to commence a license suspension proceeding under this chapter. The licensing authority shall notify the department of all action taken in response to the notification of the delinquency.
(3) The department may commence an administrative proceeding under this chapter to suspend a license for failure to comply with a subpoena in a paternity or child support proceeding.
(4) More than one (1) license may be the subject of a suspension proceeding under this chapter.
(5) An order issued pursuant to this chapter does not prevent the obligee, department, or individual entitled to visitation under a court order, from seeking any other remedy provided by law or from seeking additional relief under this chapter.
History:
[7-1404 added 1996, ch. 429, sec. 1, p. 1458.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 14 - FAMILY LAW LICENSE SUSPENSIONS › Section 7-1405 - COMMENCEMENT OF JUDICIAL PROCEEDING FOR SUSPENSION OF LICENSE.

7-1405. COMMENCEMENT OF JUDICIAL PROCEEDING FOR SUSPENSION OF LICENSE. (1) A petition for suspension of a license may be commenced in the magistrate division of the district court of the county where the child support order or order for visitation was issued; and no filing fees shall be charged for seeking only the relief provided under this chapter. The petition shall allege:
(a) The name and, if known, social security number of the licensee;
(b) The type or types of license or licenses the licensee is believed to hold and the name of each licensing authority;
(c) The amount owed under a child support order, the amount of support paid and the amount of the delinquency, the failure to comply with a subpoena in a paternity or child support proceeding, or the manner in which a licensee has failed to comply with an order for visitation; and
(d) The last known address of the licensee.
(2) A petition to suspend a license for a child support delinquency shall include a certified copy of the record of child support payments maintained by the department or local child support registry.
(3) A copy of the filed petition shall be delivered to the licensee by personal service according to the Idaho rules of civil procedure.
History:
[7-1405, added 1996, ch. 429, sec. 1, p. 1459; am. 1997, ch. 317, sec. 1, p. 938; am. 1998, ch. 250, sec. 3, p. 816.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 14 - FAMILY LAW LICENSE SUSPENSIONS › Section 7-1406 - NOTICE.

7-1406. NOTICE. Upon commencement of a proceeding for suspension of a license under this chapter, the petitioner shall also serve the licensee notice:
(1) Of the licensee’s right to a hearing;
(2) That the licensee has twenty-one (21) days after service to request a hearing;
(3) That the license will be suspended if there is no timely request for a hearing or the licensee fails without good cause to appear for a scheduled hearing; and
(4) That the license will not be suspended if the licensee pays the delinquency and the current support obligation in full; demonstrates compliance with a subpoena in a paternity or child support proceeding; demonstrates compliance with an order for visitation; pays the current support obligation in full and enters into a reasonable schedule for repayment of any child support delinquency; or establishes good cause why the license should not be suspended.
History:
[7-1406, added 1996, ch. 429, sec. 1, p. 1459; am. 1997, ch. 317, sec. 2, p. 939; am. 1998, ch. 250, sec. 4, p. 817.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 14 - FAMILY LAW LICENSE SUSPENSIONS › Section 7-1407 - COMMENCEMENT OF ADMINISTRATIVE PROCEEDING BY THE DEPARTMENT.

7-1407. COMMENCEMENT OF ADMINISTRATIVE PROCEEDING BY THE DEPARTMENT. The department shall commence an administrative proceeding to suspend a license by serving the licensee a notice that contains the information required for the petition and notice in sections 7-1405 and 7-1406, Idaho Code. Service of the notice may be by personal service or certified mail.
History:
[7-1407 added 1996, ch. 429, sec. 1, p. 1459.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 14 - FAMILY LAW LICENSE SUSPENSIONS › Section 7-1408 - CONFIRMATION OF NONLICENSURE.

7-1408. CONFIRMATION OF NONLICENSURE. The petitioner or department shall notify the appropriate licensing authority of the commencement of a judicial or administrative proceeding to suspend a license. Notwithstanding any provision of the Idaho public records act, chapter 1, title 74, Idaho Code, or other statute or ordinance, the licensing authority shall then notify the petitioner or the department if the individual named in the petition is not a licensee.
History:
[7-1408 added 1996, ch. 429, sec. 1, p. 1459; am. 2015, ch. 141, sec. 7, p. 381.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 14 - FAMILY LAW LICENSE SUSPENSIONS › Section 7-1409 - HEARING TO CONTEST SUSPENSION OF LICENSE OR LICENSES.

7-1409. HEARING TO CONTEST SUSPENSION OF LICENSE OR LICENSES. (1) A request for a hearing shall be filed with the court or department by the licensee not later than twenty-one (21) days after the date of service of the notice. If a request for hearing is timely filed, the court or department shall promptly schedule and notify each party of the date, time and location of the hearing. A request for a hearing stays the suspension of a license or licenses.
(2) A record of child support payments prepared by the department or a local child support registry is evidence that payments were made. A certified copy of the record shall be admitted as evidence at a hearing under this chapter.
History:
[7-1409 added 1996, ch. 429, sec. 1, p. 1460.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 14 - FAMILY LAW LICENSE SUSPENSIONS › Section 7-1410 - ORDER SUSPENDING A LICENSE.

7-1410. ORDER SUSPENDING A LICENSE. (1) The court, licensing authority or department shall issue an order suspending a license unless:
(a) After notice and hearing, the licensee is found to have paid the delinquency and the current month’s support in full, or complied with the subpoena;
(b) The department or obligee files a certification that the obligor has paid current support and has entered into a reasonable schedule for repayment of any child support delinquency; or
(c) At a hearing, the licensee shows other good cause why the request for license suspension should be denied or stayed.
(2) The court shall issue an order suspending a license for a period up to one hundred eighty (180) days for substantial noncompliance with an order for visitation with the minor child.
(3) The order suspending a license shall include the last known address of the licensee.
(4) An order suspending a license by the court or department shall also state that the licensee is subject to the penalties of the licensing authority if a final order of suspension is violated.
(5) A final order suspending a license issued by a court or the department shall be forwarded to the appropriate licensing authority.
(6) If the court or department finds that the petition for suspension should be denied, the petition shall be dismissed without prejudice.
History:
[7-1410, added 1996, ch. 429, sec. 1, p. 1460; am. 1998, ch. 250, sec. 5, p. 817.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 14 - FAMILY LAW LICENSE SUSPENSIONS › Section 7-1410A - FAMILY LAW TEMPORARY RESTRICTED LICENSE.

7-1410A. FAMILY LAW TEMPORARY RESTRICTED LICENSE. (1) This section applies to a licensee whose driver’s license would otherwise be valid if not for a family law license suspension ordered by a court, licensing authority, or the department pursuant to section 7-1410, Idaho Code. Following an order of suspension pursuant to section 7-1410, Idaho Code, such licensee may petition the court for an order stating that a licensing authority issue a temporary restricted driver’s license if such person shows good cause as to why such a license should be issued.
(2) For purposes of this section, a licensee may demonstrate good cause by showing that a temporary restricted driver’s license is necessary for the licensee’s employment purposes in order to meet child support obligations.
(3) A temporary restricted license shall specify the restrictions as to certain times, days, and areas of use and any further restrictions as the court, in its discretion, may impose.
(4) A temporary restricted license shall be revoked if a licensee holding such license is found to be in violation of the restrictions imposed upon such temporary restricted license.
(5) An order issuing a temporary restricted license by the court shall also state that the temporary restricted licensee is subject to the penalties of the licensing authority if the restrictions of the license are violated.
(6) An order issuing a temporary restricted license by a court shall be forwarded to the appropriate licensing authority.
History:
[7-1410A, added 2021, ch. 93, sec. 1, p. 323.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 14 - FAMILY LAW LICENSE SUSPENSIONS › Section 7-1411 - DEFAULT.

7-1411. DEFAULT. The court or department shall deem the allegations of the petition or notice to be admitted and shall issue an order suspending a license if the licensee fails to make a timely request for a hearing or fails to appear at a hearing without good cause. The entry of the default and issuance of any subsequent order shall be pursuant to IRCP 55.
History:
[7-1411, added 1996, ch. 429, sec. 1, p. 1460; am. 1997, ch. 317, sec. 3, p. 939.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 14 - FAMILY LAW LICENSE SUSPENSIONS › Section 7-1412 - ACTION BY LICENSING AUTHORITY.

7-1412. ACTION BY LICENSING AUTHORITY. (1) On receipt of a final order suspending a license, the licensing authority shall summarily suspend the license effective the date the order became final, without additional review or hearing.
(2) A licensing authority may not review, vacate, stay, withhold or reconsider a final order suspending a license.
(3) A summary suspension pursuant to this chapter shall constitute a reportable disciplinary action.
(4) A licensing authority is immune from liability for any act performed pursuant to this chapter.
History:
[7-1412 added 1996, ch. 429, sec. 1, p. 1460.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 14 - FAMILY LAW LICENSE SUSPENSIONS › Section 7-1413 - VACATING OR STAYING AN ORDER SUSPENDING A LICENSE.

7-1413. VACATING OR STAYING AN ORDER SUSPENDING A LICENSE. (1) Upon motion, a court shall issue an order vacating the suspension of a license due to nonpayment of child support if the licensee is found to have paid all current and delinquent child support, or shall stay the suspension for one hundred eighty (180) days if the licensee pays the current support obligation and enters into a repayment agreement. The moving party shall notify the petitioner and the department, if the department is providing child support services pursuant to title IV-D of the social security act or chapter 2, title 56, Idaho Code, of the pendency of these proceedings.
(2) The department shall vacate the suspension of a license ordered by the department upon payment of all current and delinquent child support, or shall stay the suspension for one hundred eighty (180) days if the licensee pays the current support obligation and enters into a repayment agreement.
(3) If the suspension has been stayed and if, at the end of one hundred eighty (180) days, the licensee has maintained current support payments and is in compliance with a repayment agreement, the suspension of the license shall be vacated.
(4) The court or department shall vacate an order suspending a license due to noncompliance with a subpoena, if the licensee complies with the subpoena in a paternity or child support proceeding.
(5) The court may stay an order suspending a license due to substantial noncompliance with a visitation order, for up to one hundred eighty (180) days, upon the licensee’s reasonable assurance of compliance, and shall vacate the suspension if the licensee has complied with the order for visitation during the stay.
(6) The licensing authority shall be notified if the suspension of a license is vacated or stayed. On receipt of such notice, the licensing authority shall restore the licensee to active status upon payment of any applicable fees and satisfaction of any other licensing requirements.
History:
[7-1413 added 1996, ch. 429, sec. 1, p. 1461; am. 1998, ch. 250, sec. 6, p. 818.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 14 - FAMILY LAW LICENSE SUSPENSIONS › Section 7-1414 - PROCEEDING TO REINSTATE THE SUSPENSION.

7-1414. PROCEEDING TO REINSTATE THE SUSPENSION. (1) The obligee or department may file a motion with the court to lift the stay and reinstate the suspension of a license due to nonpayment of child support if the licensee does not maintain current support payments or fails to comply with the terms of a repayment agreement entered into by the licensee.
(2) A person entitled to visitation under an order of a court may file a motion to lift the stay and reinstate the suspension of a license if the licensee fails to comply with the order for visitation. The motion shall allege the manner in which the licensee failed to comply with the order for visitation, and request a hearing.
(3) Upon a motion to lift a stay of an order suspending a license, notice of a hearing shall be provided by personal service or by mail not less than fourteen (14) days prior to the hearing.
(4) The department may also commence administrative proceedings to lift a stay issued by the department, by serving notice alleging the failure to maintain current support payments or to comply with a repayment plan, and notice of a hearing not less than fourteen (14) days before the date of the hearing. Service of the notice by the department shall be by personal service or certified mail.
(5) If the licensee is found not to be maintaining current support payments or not to be in compliance with the terms of a repayment plan or order for visitation, the order suspending a license shall be reinstated and the licensing authority shall be promptly informed of the suspension. The licensing authority shall reinstate the suspension of the license effective the date the order becomes final.
History:
[7-1414 added 1996, ch. 429, sec. 1, p. 1461.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 14 - FAMILY LAW LICENSE SUSPENSIONS › Section 7-1415 - FEES AND PENALTIES.

7-1415. FEES AND PENALTIES. A person who is the subject of a final order suspending a license is not entitled to a refund for any fee or deposit paid to the licensing authority. Pursuant to its statute and rules, a licensing authority may charge fees or impose penalties on a licensee whose license is suspended under this chapter. A person who continues to engage in the activity after an order of suspension has become final shall be subject to the same penalties as any person engaging in the activity without a license.
History:
[7-1415 added 1996, ch. 429, sec. 1, p. 1462.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 14 - FAMILY LAW LICENSE SUSPENSIONS › Section 7-1416 - COOPERATION BETWEEN LICENSING AUTHORITIES AND THE DEPARTMENT OF HEALTH AND WELFARE.

7-1416. COOPERATION BETWEEN LICENSING AUTHORITIES AND THE DEPARTMENT OF HEALTH AND WELFARE. (1) Notwithstanding any provision of the Idaho public records act, chapter 1, title 74, Idaho Code, or other statute or ordinance, upon request of the department a licensing authority shall provide the name, address, social security number, license renewal date and other identifying information for licensees. The information shall be provided in a manner agreed to by the licensing authority and the department.
(2) The department may enter into a cooperative agreement with a licensing authority to administer this chapter in a cost-effective manner.
History:
[7-1416 added 1996, ch. 429, sec. 1, p. 1462; am. 2015, ch. 141, sec. 8, p. 381.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 14 - FAMILY LAW LICENSE SUSPENSIONS › Section 7-1417 - FINAL ORDER OF SUSPENSION.

7-1417. FINAL ORDER OF SUSPENSION. (1) A license suspension order issued by the court shall be final and conclusive between the parties unless an appeal is filed within twenty-eight (28) days.
(2) A license suspension order issued by a hearing officer of the department shall be final and conclusive between the parties unless an appeal to district court is filed within twenty-eight (28) days, notwithstanding the provisions of section 67-5243, Idaho Code.
History:
[7-1417 added 1996, ch. 429, sec. 1, p. 1462.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 15 - SMALL LAWSUIT RESOLUTION ACT › Section 7-1502 - AUTHORIZATION.

7-1502. AUTHORIZATION. To reduce the cost and expense of litigation and encourage the swift, fair and cost-effective resolution of disputes, the legislature hereby establishes a system to encourage civil litigants to resolve their disputes through alternative dispute resolution. The procedures to be utilized under this chapter, while based on the alternative dispute resolution processes of arbitration, mediation, and early neutral evaluation, are intended to be as informal as practicable to accomplish these concurrent objectives.
History:
[7-1502, added 2002, ch. 137, sec. 1, p. 380.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 15 - SMALL LAWSUIT RESOLUTION ACT › Section 7-1506 - EVALUATOR AUTHORITY — PROCEDURES RELATING TO SERVICE, FILING AND COMPUTATION OF TIME.

7-1506. EVALUATOR AUTHORITY — PROCEDURES RELATING TO SERVICE, FILING AND COMPUTATION OF TIME. (1) Solely for the purpose of an evaluation, an evaluator has the authority to:
(a) Decide procedural issues and deadlines relating to the conduct of the evaluation, including discovery disputes, arising before or during the evaluation process except issues relating to the qualification of the evaluator, which shall be decided by the trial court.
(b) Invite, with reasonable notice, the parties to submit preevaluation briefs;
(c) Examine any site or object relevant to the case;
(d) Administer oaths and affirmations to witnesses for the purposes of the evaluation;
(e) Rule on the admissibility of evidence;
(f) Determine the facts, decide the law, and issue a written evaluation decision; and
(g) Take such other acts as are necessary to accomplish the object of a fair, swift, and cost-effective determination of the case.
(2) An evaluator shall not decide motions to dismiss, motions to add or change parties in the case, or motions for summary judgment. Any such motion shall be presented to the trial court for determination.
(3) After the case is assigned to the evaluator, service shall be made consistent with rule 5 of the Idaho rules of civil procedure, except that documents used in the evaluation shall be filed with the evaluator instead of the court.
(4) Time shall be computed pursuant to the Idaho rules of civil procedure.
(5) Except for the authority expressly given to an evaluator by this chapter, all issues shall be determined by the court.
History:
[7-1506, added 2002, ch. 137, sec. 1, p. 384; am. 2003, ch. 29, sec. 4, p. 106.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 15 - SMALL LAWSUIT RESOLUTION ACT › Section 7-1510 - RIGHT TO TRIAL.

7-1510. RIGHT TO TRIAL. The intent of this chapter is to maintain the right to a court or jury trial and the provisions of this statute shall not be construed to impair that right.
History:
[7-1510, added 2002, ch. 137, sec. 1, p. 389; am. 2003, ch. 29, sec. 8, p. 112.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 15 - SMALL LAWSUIT RESOLUTION ACT › Section 7-1511 - SEVERABILITY.

7-1511. SEVERABILITY. If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of the chapter or the application of the provision to other persons or circumstances is not affected.
History:
[7-1511, added 2002, ch. 137, sec. 1, p. 389.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 15 - SMALL LAWSUIT RESOLUTION ACT › Section 7-1512 - STATISTICAL RECORDS — COMPILATION OF EVALUATOR LIST.

7-1512. STATISTICAL RECORDS — COMPILATION OF EVALUATOR LIST. (1) The supreme court shall keep statistical records of the number of requests for evaluation filed pursuant to the provisions of this chapter, the number of requests for trial de novo hereunder, and the number of instances in which a party improves its position by at least fifteen percent (15%) at trial.
(2) Commencing no later than July 1, 2002, the supreme court shall begin compiling the names of individuals desiring to serve as civil litigation evaluators in each judicial district.
History:
[7-1512, added 2002, ch. 137, sec. 1, p. 389; am. 2003, ch. 29, sec. 9, p. 112.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 16 - GESTATIONAL AGREEMENTS ACT › Section 7-1602 - PURPOSE.

7-1602. PURPOSE. The purpose of this chapter is to:
(1) Facilitate the use of gestational agreements in accordance with the public policy of the state of Idaho;
(2) Establish consistent standards and procedural safeguards for the protection of all parties to gestational agreements;
(3) Protect the welfare of children born as a result of gestational agreements; and
(4) Clarify the parentage of children born under the terms of gestational agreements.
History:
[7-1602, added 2023, ch. 228, sec. 1, p. 701.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 16 - GESTATIONAL AGREEMENTS ACT › Section 7-1603 - DEFINITIONS.

7-1603. DEFINITIONS. As used in this chapter:
(1) "Assisted reproduction" means the laboratory and medical procedures used by a medical professional in which human gametes are used outside the body for reproductive purposes.
(2) "Gamete" means a mature male or female germ cell usually possessing a haploid chromosome set and capable of initiating formation of a new diploid individual by fusion with a gamete of the opposite sex.
(3) "Genetic testing" means an analysis of genetic markers to exclude or identify a person as the parent of a child, including an analysis of one (1) or a combination of the following:
(a) Deoxyribonucleic acid; and
(b) Blood group antigens, red cell antigens, human leukocyte antigens, serum enzymes, serum proteins, or red cell enzymes.
(4) "Gestational agreement" means a contract under which a gestational carrier agrees to become pregnant by means of assisted reproduction in order to give birth to a child who will be parented by an intended parent.
(5) "Gestational carrier" means an adult woman who:
(a) Becomes pregnant or intends to become pregnant under the terms of a gestational agreement; or
(b) Gives birth or intends to give birth to a child under the terms of a gestational agreement.
(6) "Intended parent" means an individual who intends to be the parent of a child born under the terms of a gestational agreement.
(a) There may be one (1) intended parent or two (2) intended parents under a gestational agreement.
(b) Except where context otherwise requires, any provision of this chapter relating to an intended parent shall relate to both intended parents if there are two (2).
(7) "Order of parentage" means an order issued by a court or administrative body with authority to issue the order, which order identifies the legal parent or parents of a child born under the terms of a gestational agreement.
History:
[7-1603, added 2023, ch. 228, sec. 1, p. 702.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 16 - GESTATIONAL AGREEMENTS ACT › Section 7-1604 - GESTATIONAL AGREEMENT.

7-1604. GESTATIONAL AGREEMENT. (1) Prior to assisted reproduction, a gestational carrier and an intended parent shall enter into a written gestational agreement. If the gestational carrier is married, her spouse shall also be a party to the agreement. Neither the gestational carrier nor her spouse may contribute gametes for use in assisted reproduction under the gestational agreement.
(2) The gestational agreement shall provide that the intended parent will be the parent of any child conceived through assisted reproduction and born under the terms of the agreement.
(3) The gestational agreement shall include the following:
(a) Acceptance by the intended parent of all rights and duties of a parent for any child conceived through assisted reproduction and born under the terms of the gestational agreement;
(b) Verification that:
(i) All parties to the agreement are at least twenty-one (21) years of age;
(ii) The gestational carrier has given birth to a live child at least once before; and
(iii) The gestational carrier agrees to become pregnant by means of assisted reproduction; and
(c) Relinquishment by the prospective gestational carrier, the prospective gestational carrier’s spouse if she is married, and the prospective donor of a gamete for use in assisted reproduction if such prospective donor is not an intended parent of all rights and duties of a parent for any child conceived through assisted reproduction and born under the terms of the agreement.
(4) A prospective gestational carrier may not be receiving public assistance as defined by section 56-201, Idaho Code.
(5) A gestational agreement may provide for payment of consideration.
(6) A gestational 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) In matters relating to the gestational agreement, the gestational carrier and the intended parent shall have independent legal representation.
History:
[7-1604, added 2023, ch. 228, sec. 1, p. 702.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 16 - GESTATIONAL AGREEMENTS ACT › Section 7-1605 - VALIDATION OF AGREEMENT.

7-1605. VALIDATION OF AGREEMENT. (1) A gestational agreement entered under this chapter is enforceable only if it is validated pursuant to this section.
(2) For a gestational agreement to be validated pursuant to this section, at least one (1) 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.
(3) The parties seeking validation of a gestational agreement shall file a petition in an Idaho district court.
(a) The petition shall be filed after entry of the agreement but no later than seven (7) days after the birth of a child under the terms of the agreement.
(b) The gestational agreement shall be attached to the petition.
(4) The district court may hold a hearing to determine the validity of the agreement. The district court shall issue an order validating the agreement and declaring that the intended parent is or will be the parent of any child born under the terms of the agreement upon finding that:
(a) The gestational agreement satisfies the provisions of this chapter;
(b) The parties have voluntarily entered into the agreement and understand its terms;
(c) Adequate provision has been made for all reasonable health care expenses associated with the gestational agreement, including responsibility for those expenses if the agreement is terminated; and
(d) The consideration provided for in the agreement, if any, is reasonable.
History:
[7-1605, added 2023, ch. 228, sec. 1, p. 703.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 16 - GESTATIONAL AGREEMENTS ACT › Section 7-1606 - TERMINATION OF AGREEMENT.

7-1606. TERMINATION OF AGREEMENT. (1) A party to a gestational agreement may terminate the agreement at any time prior to the gestational carrier becoming pregnant by means of assisted reproduction under the terms of the agreement. The terminating party must give written notice of termination to the other parties.
(a) If the agreement has been validated pursuant to section 7-1605, Idaho Code, the terminating party shall file notice of termination with the district court, and the court shall vacate the order of validation.
(b) Failure to provide the notice required by paragraph (a) of this subsection shall be considered contempt of the authority of the court pursuant to chapter 6, title 7, Idaho Code.
(2) The district court for good cause shown may terminate a gestational agreement.
(3) Neither a gestational carrier nor a gestational carrier’s spouse shall be liable to any intended parent for terminating a gestational agreement.
History:
[7-1606, added 2023, ch. 228, sec. 1, p. 703.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 16 - GESTATIONAL AGREEMENTS ACT › Section 7-1607 - PARENTAGE UNDER A VALIDATED GESTATIONAL AGREEMENT.

7-1607. PARENTAGE UNDER A VALIDATED GESTATIONAL AGREEMENT. (1) This section shall apply in determining the parentage of a child born under the terms of a gestational agreement that has been validated pursuant to section 7-1605, Idaho Code.
(2) No later than fourteen (14) days after the birth of the child, the intended parent shall file notice of the birth with the district court that issued the validation order. The court shall then issue an order of parentage confirming that the intended parent is the parent of the child and directing the state registrar of vital statistics to file a birth certificate naming the intended parent as the parent of the child. If necessary, the court shall further order that the child be surrendered to the intended parent. The order of parentage shall contain the following information:
(a) The child’s full name;
(b) The child’s date of birth;
(c) The child’s place of birth;
(d) The gestational carrier’s full name;
(e) The full name of the gestational carrier’s spouse, if the gestational carrier is married; and
(f) The full name of each intended parent.
(3) If the intended parent fails to file notice as required under subsection (2) of this section, the gestational carrier or the department of health and welfare may file such notice, and the court shall order that the intended parent is the parent of the child and financially responsible for the child.
(4) Failure to file notice required by this section shall be considered contempt of the authority of the court pursuant to chapter 6, title 7, Idaho Code.
History:
[7-1607, added 2023, ch. 228, sec. 1, p. 703.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 16 - GESTATIONAL AGREEMENTS ACT › Section 7-1608 - DISPUTED PARENTAGE.

7-1608. DISPUTED PARENTAGE. (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.
History:
[7-1608, added 2023, ch. 228, sec. 1, p. 704.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 16 - GESTATIONAL AGREEMENTS ACT › Section 7-1609 - SEALED RECORD OF PROCEEDING.

7-1609. SEALED RECORD OF PROCEEDING. On the motion of any party to a proceeding under this chapter, the district court shall order that the record of its proceedings under this chapter be sealed. When such order has been made and entered, the court shall seal the record, and thereafter the seal shall not be broken except on the motion of a party to the proceeding or of a person whose parentage was determined under this chapter. If the seal is broken, the record may again be sealed as provided in this section.
History:
[7-1609, added 2023, ch. 228, sec. 1, p. 704.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 16 - GESTATIONAL AGREEMENTS ACT › Section 7-1610 - JURISDICTION.

7-1610. JURISDICTION. Subject to the jurisdictional standards of chapter 11, title 32, Idaho Code, the court that conducts a proceeding under this chapter shall have exclusive, continuing jurisdiction of all matters arising out of the gestational agreement until a child born under the terms of the agreement attains the age of one hundred eighty (180) days.
History:
[7-1610, added 2023, ch. 228, sec. 1, p. 704.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 16 - GESTATIONAL AGREEMENTS ACT › Section 7-1611 - FULL FAITH AND CREDIT.

7-1611. FULL FAITH AND CREDIT. (1) An order of parentage issued by a court or administrative body of another state with jurisdiction to make the order shall be entitled to full faith and credit and shall be accepted by the courts of this state.
(2) To certify an order of parentage issued in another state, a person seeking to register the order shall:
(a) Provide, to the court or administrative body that issued the order, notice of intent to register the order in this state; and
(b) File as a foreign judgment certified copies of the order in a court of any appropriate county of this state.
History:
[7-1611, added 2023, ch. 228, sec. 1, p. 704.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 16 - GESTATIONAL AGREEMENTS ACT › Section 7-1612 - MEDICAL INFORMATION OF DONOR.

7-1612. MEDICAL INFORMATION OF DONOR. A gestational agreement may provide for the disclosure of a gamete donor’s medical information to a child born according to the terms of the gestational agreement and may describe the circumstances warranting such disclosure. However, if a gamete donor wishes to remain anonymous, only non-identifying medical information may be disclosed pursuant to the gestational agreement.
History:
[7-1612, added 2023, ch. 228, sec. 1, p. 705.]
2023 Idaho Code › Title 8 - PROVISIONAL REMEDIES IN CIVIL ACTIONS › Chapter 1 - ARREST AND BAIL › Section 8-101 - ARREST IN CIVIL ACTION.

8-101. ARREST IN CIVIL ACTION. No person can be arrested in a civil action except as prescribed in this Code.
History:
[(8-101) C.C.P. 1881, sec. 270; R.S., R.C., & C.L., sec. 4240; C.S., sec. 6729; I.C.A., sec. 6-101.]
2023 Idaho Code › Title 8 - PROVISIONAL REMEDIES IN CIVIL ACTIONS › Chapter 1 - ARREST AND BAIL › Section 8-102 - GROUNDS FOR ARREST.

8-102. GROUNDS FOR ARREST. The defendant may be arrested as hereinafter prescribed, in the following cases:
1. In an action for the recovery of money or damages on a cause of action arising upon a contract express or implied where the defendant is about to depart from the state with intent to defraud his creditors, or when the action is for wilful injury to person, to character, or to property, knowing the property to belong to another.
2. In an action for a fine or penalty, or on a promise to marry, or for money or property embezzled, or fraudulently misapplied, or converted to his own use, by a public officer or an officer of a corporation, or an attorney, factor, broker, agent or clerk, in the course of his employment as such, or by any other person in a fiduciary capacity; or for misconduct or neglect in office or in a professional employment, or for a wilful violation of duty.
3. In an action to recover the possession of personal property unjustly detained when the property, or any part thereof, has been concealed, removed or disposed of to prevent its being found or taken by the sheriff.
4. When the defendant has been guilty of a fraud in contracting the debt or incurring the obligation for which the action is brought; or in concealing or disposing of the property for the taking, detention or conversion of which the action is brought.
5. When the defendant has removed or disposed of his property, or is about to do so, with intent to defraud his creditors.
History:
[(8-102) C.C.P. 1881, sec. 271; R.S., R.C., & C.L., sec. 4241; C.S., sec. 6730; I.C.A., sec. 6-102.]
2023 Idaho Code › Title 8 - PROVISIONAL REMEDIES IN CIVIL ACTIONS › Chapter 1 - ARREST AND BAIL › Section 8-103 - ORDER FOR ARREST.

8-103. ORDER FOR ARREST. An order for the arrest of the defendant must be obtained from a judge of the court in which the action is pending.
History:
[(8-103) C.C.P. 1881, sec. 272; R.S., R.C., & C.L., sec. 4242; C.S., sec. 6731; I.C.A., sec. 6-103; am. 1969, ch. 125, sec. 1, p. 386.]
2023 Idaho Code › Title 8 - PROVISIONAL REMEDIES IN CIVIL ACTIONS › Chapter 1 - ARREST AND BAIL › Section 8-104 - AFFIDAVIT FOR ARREST.

8-104. AFFIDAVIT FOR ARREST. The order may be made whenever it appears to the judge, by the affidavit of the plaintiff, or some other person, that a sufficient cause of action exists, and that the case is one of those mentioned in section 8-102. The affidavit must be either positive or upon information and belief; and when upon information and belief, it must state the facts upon which the information and belief are founded. If an order of arrest be made, the affidavit must be filed with the clerk of the court.
History:
[(8-104) C.C.P. 1881, sec. 273; R.S., R.C., & C.L., sec. 4243; C.S., sec. 6732; I.C.A., sec. 6-104.]
2023 Idaho Code › Title 8 - PROVISIONAL REMEDIES IN CIVIL ACTIONS › Chapter 1 - ARREST AND BAIL › Section 8-105 - UNDERTAKING REQUIRED OF PLAINTIFF.

8-105. UNDERTAKING REQUIRED OF PLAINTIFF. Before making the order the judge must require a written undertaking on the part of the plaintiff, with sureties in an amount to be fixed by the judge, which must be at least $500, to the effect that the plaintiff will pay all costs which may be adjudged to the defendant, and all damages which he may sustain by reason of the arrest, if the same be wrongful or without sufficient cause, not exceeding the sum specified in the undertaking. The undertaking must be filed with the clerk of the court.
History:
[(8-105) C.C.P. 1881, sec. 274; R.S., R.C., & C.L., sec. 4244; C.S., sec. 6733; I.C.A., sec. 6-105.]
2023 Idaho Code › Title 8 - PROVISIONAL REMEDIES IN CIVIL ACTIONS › Chapter 1 - ARREST AND BAIL › Section 8-106 - TIME OF MAKING AND CONTENTS OF ORDER.

8-106. TIME OF MAKING AND CONTENTS OF ORDER. The order may be made at the time of the issuing of the summons, or at any time afterward before judgment. It must require the sheriff of the county where the defendant may be found forthwith to arrest him and hold him to bail in a specified sum and to return the order at a time therein mentioned to the clerk of the court in which the action is pending.
History:
[(8-106) C.C.P. 1881, sec. 275; R.S., R.C., & C.L., sec. 4245; C.S., sec. 6734; I.C.A., sec. 6-106.]
2023 Idaho Code › Title 8 - PROVISIONAL REMEDIES IN CIVIL ACTIONS › Chapter 1 - ARREST AND BAIL › Section 8-107 - ARREST — HOW MADE.

8-107. ARREST — HOW MADE. The order of arrest, with a copy of the affidavit upon which it is made, must be delivered to the sheriff, who, upon arresting the defendant, must deliver to him a copy of the affidavit, and also, if desired, a copy of the order of arrest.
History:
[(8-107) C.C.P. 1881, sec. 276; R.S., R.C., & C.L., sec. 4246; C.S., sec. 6735; I.C.A., sec. 6-107.]
2023 Idaho Code › Title 8 - PROVISIONAL REMEDIES IN CIVIL ACTIONS › Chapter 1 - ARREST AND BAIL › Section 8-108 - ARREST — CUSTODY OF DEFENDANT.

8-108. ARREST — CUSTODY OF DEFENDANT. The sheriff must execute the order by arresting the defendant and keeping him in custody until discharged by law.
History:
[(8-108) C.C.P. 1881, sec. 277; R.S., R.C., & C.L., sec. 4247; C.S., sec. 6736; I.C.A., sec. 6-108.]
2023 Idaho Code › Title 8 - PROVISIONAL REMEDIES IN CIVIL ACTIONS › Chapter 1 - ARREST AND BAIL › Section 8-109 - RIGHT TO BAIL.

8-109. RIGHT TO BAIL. The defendant, at any time before execution, must be discharged from the arrest, either upon giving bail or depositing the amount mentioned in the order of arrest.
History:
[(8-109) C.C.P. 1881, sec. 278; R.S., R.C., & C.L., sec. 4248; C.S., sec. 6737; I.C.A., sec. 6-109.]
2023 Idaho Code › Title 8 - PROVISIONAL REMEDIES IN CIVIL ACTIONS › Chapter 1 - ARREST AND BAIL › Section 8-110 - BAIL — HOW GIVEN.

8-110. BAIL — HOW GIVEN. The defendant may give bail by causing a written undertaking to be executed by two (2) or more sufficient sureties, to the effect that they are bound in the amount mentioned in the order of arrest that the defendant will at all times render himself amenable to the process of the court, during the pendency of the action, and to such as may be issued to enforce the judgment therein, or that they will pay to the plaintiff the amount of any judgment which may be recovered in the action.
History:
[(8-110) C.C.P. 1881, sec. 279; R.S., R.C., & C.L., sec. 4249; C.S., sec. 6738; I.C.A., sec. 6-110.]
2023 Idaho Code › Title 8 - PROVISIONAL REMEDIES IN CIVIL ACTIONS › Chapter 1 - ARREST AND BAIL › Section 8-111 - SURRENDER OF DEFENDANT BY BAIL.

8-111. SURRENDER OF DEFENDANT BY BAIL. At any time before judgment or within ten (10) days thereafter, the bail may surrender the defendant in their exoneration, or he may surrender himself to the sheriff of the county where he was arrested.
History:
[(8-111) C.C.P. 1881, sec. 280; R.S., R.C., & C.L., sec. 4250; C.S., sec. 6739; I.C.A., sec. 6-111.]
2023 Idaho Code › Title 8 - PROVISIONAL REMEDIES IN CIVIL ACTIONS › Chapter 1 - ARREST AND BAIL › Section 8-112 - SURRENDER — HOW MADE — EXONERATION OR CHARGE OF BAIL.

8-112. SURRENDER — HOW MADE — EXONERATION OR CHARGE OF BAIL. For the purpose of surrendering the defendant, the bail, at any time or place before they are finally charged, may themselves arrest, or, by a written authority indorsed on a certified copy of the undertaking, may empower the sheriff to do so. Upon the arrest of defendant by the sheriff, or upon his delivery to the sheriff by the bail, or upon his own surrender, the bail are exonerated, if such arrest, delivery or surrender take place before the expiration of ten (10) days after judgment; but if such arrest, delivery or surrender be not made within ten (10) days after judgment, the bail are finally charged on their undertaking, and bound to pay the amount of the judgment within ten (10) days thereafter.
History:
[(8-112) C.C.P. 1881, sec. 281; R.S., R.C., & C.L., sec. 4251; C.S., sec. 6740; I.C.A., sec. 6-112.]
2023 Idaho Code › Title 8 - PROVISIONAL REMEDIES IN CIVIL ACTIONS › Chapter 1 - ARREST AND BAIL › Section 8-113 - PROCEEDINGS AGAINST BAIL.

8-113. PROCEEDINGS AGAINST BAIL. If the bail neglect or refuse to pay the judgment within ten (10) days after they are finally charged, an action may be commenced against such bail for the amount of the original judgment.
History:
[(8-113) C.C.P. 1881, sec. 282; R.S., R.C., & C.L., sec. 4252; C.S., sec. 6741; I.C.A., sec. 6-113.]
2023 Idaho Code › Title 8 - PROVISIONAL REMEDIES IN CIVIL ACTIONS › Chapter 1 - ARREST AND BAIL › Section 8-114 - EXONERATION OF BAIL.

8-114. EXONERATION OF BAIL. The bail are exonerated by the death of the defendant or his imprisonment in the state prison, or by his legal discharge from the obligation to render himself amenable to the process.
History:
[(8-114) C.C.P. 1881, sec. 283; R.S., R.C., & C.L., sec. 4253; C.S., sec. 6742; I.C.A., sec. 6-114.]
2023 Idaho Code › Title 8 - PROVISIONAL REMEDIES IN CIVIL ACTIONS › Chapter 1 - ARREST AND BAIL › Section 8-115 - RETURN BY SHERIFF OF ORDER AND BAIL BOND — NOTICE BY PLAINTIFF — FILING OF BOND.

8-115. RETURN BY SHERIFF OF ORDER AND BAIL BOND — NOTICE BY PLAINTIFF — FILING OF BOND. Within the time limited for that purpose, the sheriff must file the order of arrest in the office of the clerk of the court in which the action is pending, with his return indorsed thereon, together with a copy of the undertaking of the bail. The original undertaking he must retain in his possession until filed, as herein provided. The plaintiff within ten (10) days thereafter, may serve upon the sheriff a notice that he does not accept the bail, or he is deemed to have accepted them, and the sheriff is exonerated from liability. If no notice be served within ten (10) days, the original undertaking must be filed with the clerk of the court.
History:
[(8-115) C.C.P. 1881, sec. 284; R.S., R.C., & C.L., sec. 4254; C.S., sec. 6743; I.C.A., sec. 6-115.]
2023 Idaho Code › Title 8 - PROVISIONAL REMEDIES IN CIVIL ACTIONS › Chapter 1 - ARREST AND BAIL › Section 8-116 - JUSTIFICATION OF BAIL — NOTICE — NEW UNDERTAKING.

8-116. JUSTIFICATION OF BAIL — NOTICE — NEW UNDERTAKING. Within five (5) days after the receipt of notice, the sheriff or defendant may give the plaintiff or his attorney, notice of the justification of the same, or other bail (specifying the places of residence and occupation of the latter), before the judge of the court, at a specified time and place; the time to be not less than five (5) nor more than ten (10) days thereafter, except by consent of parties. In case other bail be given there must be a new undertaking.
History:
[(8-116) C.C.P. 1881, sec. 285; R.S., R.C., & C.L., sec. 4225; C.S., sec. 6744; I.C.A., sec. 6-116; am. 1969, ch. 125, sec. 2, p. 386.]
2023 Idaho Code › Title 8 - PROVISIONAL REMEDIES IN CIVIL ACTIONS › Chapter 1 - ARREST AND BAIL › Section 8-117 - QUALIFICATIONS OF BAIL.

8-117. QUALIFICATIONS OF BAIL. The qualifications of bail are as follows:
1. Each of them must be resident and householder or freeholder within the state.
2. Each must be worth the amount specified in the order of arrest, or the amount to which the order is reduced, as provided in this chapter, over and above all his liabilities, exclusive of property exempt from execution; but the judge, on justification, may allow more than two (2) sureties to justify severally in amounts less than that expressed in the order, if the whole justification be equivalent to that of two (2) sufficient bail.
History:
[(8-117) C.C.P. 1881, sec. 286; R.S., R.C., & C.L., sec. 4256; C.S., sec. 6745; I.C.A., sec. 6-117.]
2023 Idaho Code › Title 8 - PROVISIONAL REMEDIES IN CIVIL ACTIONS › Chapter 1 - ARREST AND BAIL › Section 8-118 - JUSTIFICATION — HOW MADE.

8-118. JUSTIFICATION — HOW MADE. For the purpose of justification each of the bail must attend before the judge at the time and place mentioned in the notice, and may be examined on oath on the part of the plaintiff touching his insufficiency, in such manner as the judge in his discretion may think proper. The examination must be reduced to writing and subscribed by the bail, if required by the plaintiff.
History:
[(8-118) C.C.P. 1881, sec. 287; R.S., R.C., & C.L., sec. 4257; C.S., sec. 6746; I.C.A., sec. 6-118.]
2023 Idaho Code › Title 8 - PROVISIONAL REMEDIES IN CIVIL ACTIONS › Chapter 1 - ARREST AND BAIL › Section 8-119 - ALLOWANCE OF BAIL.

8-119. ALLOWANCE OF BAIL. If the judge find the bail sufficient, he must annex the examination to the undertaking, indorse his allowance thereon, and cause them to be filed, and the sheriff is thereupon exonerated from liability.
History:
[(8-119) C.C.P. 1881, sec. 288; R.S., R.C., & C.L., sec. 4258; C.S., sec. 6747; I.C.A., sec. 6-119.]