Idaho Adoption Laws

Adoption is the legal process of creating a legal parent-child relationship. Each state or American territory establishes its own adoption laws that govern the adoption process. Idaho is no different. It has adoption laws and regulations that apply to Idaho adoptions. If you are considering adopting a child in or from Idaho, you should understand its adoption laws.

This FindLaw article explores Idaho's adoption laws.

Adoption Basics

Although adoption laws vary from state to state, most adoptions share a few foundational basics. For example, prospective adoptive parents must meet the state's eligibility criteria. They must also complete a background check and home study. Most adoptions require the termination of the biological parent's parental rights. Finally, because adoptions are legal, you will need the court's consent to complete the adoption. If successful, the court will issue a final adoption decree and order a new birth certificate for the adopted child at the end of the process.

Types of Adoptions in Idaho

One of the first steps in your Idaho adoption journey is determining the right adoption type for you. Idaho offers the following types of adoptions:

• Public agency adoptions (foster care)
• Private agency adoptions
• International Adoptions
• Kinship adoptions
• Step-parent adoptions

Let's review each type of adoption.

Public Agency Adoption

In a public agency adoption, you adopt a child out of the foster care system because the state has custody of the prospective adoptee. You would contact the Idaho Department of Health and Human Welfare in Idaho to get started. In Idaho, the child welfare office (state) will work with the child's birth parents with the goal of reunification. If that doesn't happen, the state may ask a court to terminate the birth parent's parental rights. Idaho offers adoption assistance if you decide to adopt a special needs child.

Private Agency Adoption

There are many ways in which a private agency adoption is distinguishable from public agency adoptions. First, cost is a significant factor. You will likely use a private adoption agency, and fees can run you tens of thousands of dollars. Second, you must work with the agency to find a child to adopt, which can lengthen the adoption process. Private adoption agencies can help you with interstate adoptions. You must follow the Interstate Compact on the Placement of Children (ICPC) to complete an interstate adoption.

International Adoption

In an international adoption, you adopt a child from a different country. You can enlist the help of a private adoption agency or adoption professional to help you navigate the adoption. International adoptions must follow the laws of the child's country and the laws of the United States of America. You will also need an immigration lawyer to help navigate U.S. immigration laws.

Kinship Adoptions

Like many other states, Idaho recognizes kinship adoptions as ideal for a minor child. In kinship adoptions, a close family member or guardian adopts the child. One of the benefits of this type of adoption is that the child often has a good relationship with a close relative. While Idaho has no laws limiting which relative can adopt a child, the child's siblings, grandparents, and aunts and uncles usually adopt the child.

Step-parent Adoptions

In Idaho, step-parents can adopt their stepchild. In step-parent adoptions, a spouse adopts their spouse's biological child. Often, step-parents need the consent of the biological parent if their rights are intact. Depending on the circumstances, the court may terminate the birth parent's parental rights to push the adoption.

Unwed Fathers and Consent

Unmarried fathers need to take affirmative steps to protect their parental rights. Idaho has a "putative father registry" so that unmarried birth fathers can establish paternity. Anyone pursuing an adoption should check this registry before completing the adoption petition.

Adoption Help

Under Idaho law, the state offers adoption assistance to adoptive families who adopt a special needs child. This help may include the following:

• Reimbursement of up to $2,000 in adoption expenses
• A monthly subsidy to help with the child's ongoing needs
• A Medicaid card to cover medical expenses until the child turns 18

The Idaho Adoption Process

Before you file an adoption petition, you must meet Idaho's essential eligibility criteria. Adoptive applicants must meet the following criteria before they can get an adoptive placement:

• Be at least 25 or at least 15 years older than the prospective adoptee
• Have a safe and stable home
• Have the financial resources to care for the child
• Have the ability to communicate with social workers and other support providers

Once you meet the criteria, you can focus on finding a child to adopt before filing the adoption petition. Please note that the agency or adoption professional will vet you before the adoption agency can make an adoptive placement. You will go through a criminal background check and a home study. The home study aims to ensure that you, your family and your home are a suitable placement for a minor child.

An Idaho court must approve your application petition before finalizing the adoption. So, the adoption petition is likely the first official step in the process. You must address the biological parent's consent in your petition. If the child is 12 or older, they must consent to the adoption.

After you file the petition, you will likely attend an adoption proceeding where the judge reviews it and asks a few questions. The court will likely review your petition and render a decision via a court order establishing a new set of parents for the minor child.

Adoption Laws in Idaho

The following table briefly introduces the main adoption laws in Idaho.

Note: State laws are always subject to change. Although we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state laws.

Get Legal Help

Adoptions are often complex and complicated, depending on the type of adoption you pursue. A qualified Idaho adoption attorney can help you navigate Idaho's adoption laws and give sound legal advice. Speak to an experienced Idaho adoption attorney today.