Idaho Adoption Laws Page1

Adoption Laws in Idaho Page1

About adoption consent

• For whom it is must to consent to adoption : Statute : - § 16-1504
  • If the child is obtained in marriage, then the consent should be given by both the parents or by the surviving parent.
  • If the child was born without marriage, then the adoption should be approved by mother and the adjudicated biological father.
  • In other cases, it can be approved by any legal guardian or custodian.
  • Also an agency authorized to place the child can approve the adoption process.

• Age required of an adoptee to consent: Statute : - § 16-1504

  An adoptee with the age of 12 or elder must respond to the adoption, if the child is not lacking in the mental capacity to consent.

• No need of parental consent: Statute: - § - § 16-1504; 16-2005
  • When the parental rights are terminated.
  • Parent who has previously ill-treated, discarded, ignored the child.
  • If the child is obtained as a result of rape or incest.
  • If the surviving parent murdered other parent.
  • If the parent is imprisoned and there is no possibility of his/her release.
  • If the parent is not a natural parent.

• Execution of consent: Statute :
  • This issue is not addressed in statutes reviewed.
  • By implication, consent may be executed any time after the birth of the child.

• Consent execution is must: Statute : - § - § 16-2005; 16-1506
  • Before any authorized officer, district judge, or magistrate, consent must be executed.

• Consent revocation : Statute : - §16-1515
  • If the parents fail to follow the adoption, then they are bound to repay the money expended by the adoptive parents.