Before starting to search for a child to adopt or an agency to assist you, it is important that you understand how the adoption
laws in Idaho may affect your decisions. Making informed decisions is the best way of increasing your chances of adopting a child. By way of example, we have listed below a few of the important
parts of Idaho child adoption law including such topics as advertising, adoption expenses, and the critical issue of ending the biological parental rights (called a Consent, Relinquishment or Surrender).
Use of Advertising in Adoptive Placements
Citation: Ann. Code § 18-1512A(1)
No person or entity shall publish or broadcast on radio or television an advertisement or notice of a child or children offered or wanted for adoption, or claim through such advertisement to have the
ability to place, locate, dispose, or receive a child or children for adoption, unless the person or entity is a duly authorized agent or employee of the Department of Health and Welfare or an institution
licensed by the department to care for and place children.
This section is not intended to prohibit:
A licensed attorney from advertising his or her ability to practice or provide services related to the adoption of children
Physicians and other health care providers from assisting or providing natural and adoptive parents with medical care necessary to initiate and complete adoptive placements.
State Regulation of Adoption Expenses
Birth Parent Expenses Allowed
Citation: §§ 16-1515; 18-1511
A person or agency may pay legal and medical costs and reasonable living and maternity expenses during the pregnancy.
A birth parent who revokes a consent to adoption may be required to pay back any expenses paid by the adoptive parent, including medical and living expenses, legal fees, and all other reasonable costs.
The court shall determine the amount of the reimbursement.
Birth Parent Expenses Not Allowed
Citation: § 18-1511
Living expenses are not to extend beyond 6 weeks after the birth, based on demonstrated financial need.
Financial assistance to the birth parent shall not exceed $2,000, unless otherwise authorized by the court.
Allowable Payments for Relinquishing Child
Citation: § 18-1511
It is a felony to sell or barter a child for adoption or other purposes.
Consent to Adoption
Who Must Consent to an Adoption
Citation: Ann. Stat. § 16-1504
Consent to adoption is required from:
Both parents or the surviving parent of a child who was conceived or born within a marriage, unless the child is age 18 or older
The mother of a child born outside of marriage
Any biological parent who has been adjudicated to be the child's biological father by a court of competent jurisdiction prior to the mother's execution of consent
An unmarried biological father who has established paternity of the child
Any legally appointed custodian or guardian of the adoptee
The guardian or conservator of an incapacitated adult, if one has been appointed
The adopted person's spouse, if any
The father of an illegitimate child who has adopted the child by acknowledgment
Age When Consent of Adoptee is Considered or Required
Citation: Ann. Stat. § 16-1504
A child age 12 or older must consent to the adoption, unless he or she lacks the mental capacity to consent.
When Parental Consent is not Needed
Citation: Ann. Stat. § 16-1504(&)
No consent shall be required of, nor notice given to, any person whose parental relationship to such child has been terminated.
Revocation of Consent
Citation: Ann. Stat. § 16-1515
If the parent revokes consent and petitions for custody of the child, the parent must reimburse the adoptive parents for expenses paid.
Rights of Presumed (Putative) Fathers
Registry/Paternity Requirements to Receive Notice
Citation: § 16-1513(1), (2)
May be filed prior to the child's birth, but must be filed prior to placement or the commencement of any proceeding to terminate the parental rights of the birth mother, whichever occurs first
Requires a completed Department of Health and Welfare, Vital Statistics Unit form, signed by the putative father and notarized
Please visit adoption law in Idaho for more details. |