IDAHO

 The person adopting a child must be at least 15 years older than the adoptee,or 25 years of age or older, unless the adopting parent is a stepparent. Theadoptive parent must have lived in the State for at least 6 consecutivemonths.

 The above age restrictions do not apply if the adoptee is an adult and theadoptive parent shows that a substantial relationship as parent has beenmaintained for more than 1 year.

Who Can Be Adopted?

 Any minor child may be adopted by a person living in Idaho who is at least 15years older than the child or at least 25 years of age. The age restrictiondoes not apply if the adoptive parent is a stepparent. Any adult may beadopted if the adoptive parent has established a parental relationship with theadoptee.

Consent to Adoption

 The following parties must consent to the adoption:

 (1) the adoptee's parents or guardian;

 (2) if there is no guardian, then the nearest living relative;

 (3) if there are no relatives, then the court will appoint someone to act onbehalf of the child;

 (4) the licensed child placement agency if it is authorized to place thechild.

 A person who is or who claims to be the father of a child born out of wedlockmay claim rights as the father of the child if he registers with the Registryof Vital Statistics of the Department of Health and Welfare. This claim ofpaternity must occur before the child is placed with an adoption agency. Ifthe father fails to file for a claim of paternity within this rule, he cannever try to establish paternity in the future and consequently his parentalrights may be terminated.

 The Department of Health and Welfare, private adoption agencies, or attorneysinvolved in adoptions shall notify all putative fathers of their need toregister their intent to support and exercise their rights toward the child.If the agency cannot personally notify the putative father, then they arepermitted to notify him through publication and it must be completed at least10 days prior to any termination proceeding or placement of the child with anadoption agency.

 If the parent's parental rights have been terminated the parent is notrequired to consent. There are no provisions in the law for withdrawal ofconsent or when consent must take place.

Putative Father Registry

 A diligent search must be made of the registry of notices from putativefathers that the putative father involved is not registered and if he is propernotice of the adoption must be given.

Confidentiality

 All records are sealed and a court order upon request of the adoptive parentor the adoptee is required to release the records. However, all medical andgenetic information regarding the natural parents is available to the adoptiveparents.

 The State registrar shall maintain a list of adult adoptees and birth parentswho have consented to identifying information being released about them. Abirth parent shall not be matched with an adult adoptee without consent of theother birth parent, unless there is only one birth parent listed on the birthcertificate, the other birth parent is deceased, or the other birth parentcannot be located. The State registrar shall also maintain a list of siblings,and lists of relatives of deceased adult adoptees, or of deceased birth parentswho have consented to identifying information being released about them. (Thisinformation can be found in section]]31-259Aof the Idaho Code.)

Permissible Fees

 Both the Department of Health and Welfare and children's adoption agencies cancharge prospective adoptive parents for completion of required socialinvestigations. (This information can be found in 56-204Aof the Idaho Code.)

Place of Adoption Hearing

 The adoption hearing shall take place where the adoptive parents reside.

Authority To Place Child

 A child placement agency licensed by the State, or the Department of Heath andWelfare, Division of Family and Children's Services, have authority to placethe child.

Relative Adoption

 With respect to stepparent adoption, the social investigation required forprospective adoptive families shall be completed only if ordered by thecourt.

Advertisements

 No person or entity, other than a a authorized agent or employee of theDepartment of Health and Welfare or an authorized agency licensed by theDepartment may advertise for the availability of adoption of a child offered orwanted for adoption.

State Law: FullText

Not available in electronic form at this time for this state, sorry.

Attorney ReferralService

Idaho State Bar
P.O. Box 895
Boise, ID 83701
(208) 342-8958

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