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Idaho Adoption Laws and Statutes
Title 16: Juvenile Proceedings
Chapter 15: Adoption of Children
Sections 1- 15
(This page was last updated on 08/16/13.)
16-1501 MINORS AND ADULTS MAY BE ADOPTED
16-1501A RIGHTS AND RESPONSIBILITIES OF PARTIES IN ADOPTION PROCEEDINGS
16-1501B RIGHT OF PARENT WITH DISABILITY TO PRESENT EVIDENCE AND INFORMATION
16-1502 RESTRICTIONS AS TO COMPARATIVE AGE
16-1503 CONSENT OF HUSBAND AND WIFE NECESSARY
16-1504 NECESSARY CONSENT TO ADOPTION
16-1505 NOTICE OF ADOPTION PROCEEDINGS
16-1506 PROCEEDINGS ON ADOPTION
16-1507 ORDER OF ADOPTION
16-1508 EFFECT OF ADOPTION
16-1509 RELEASE OF CHILD'S PARENTS FROM OBLIGATION -- TERMINATION OF RIGHTS OF PARENTS AND CHILDREN
16-1509A DISSOLUTION OF ADOPTION
16-1511 SEALING RECORD OF PROCEEDINGS
16-1512 APPEAL FROM ORDER TO DISTRICT COURT -- BINDING EFFECT OF ADOPTION ORDER
16-1513 REGISTRATION OF NOTICE OF COMMENCEMENT OF PATERNITY PROCEEDINGS
16-1514 INTERNATIONAL ADOPTION
16-1515 REVOCATION OF ADOPTION -- PAYMENT OF EXPENSES OF ADOPTIVE PARENTS
16-1501. MINORS AND ADULTS MAY BE ADOPTED. Any minor child may be adopted by any adult person residing in and having residence in Idaho, in the cases and
subject to the rules prescribed in this chapter.
(1) Persons not minors may be adopted by a resident adult in cases where the person adopting has sustained the relation of parent to such adopted person:
(a) For a period in excess of one (1) year while the person was a minor;
or
(b) For such period of time or in such manner that the court after investigation finds a substantial family relationship has been created.
(2) Adoptions shall not be denied solely on the basis of the disability of a prospective adoptive parent.
(a) "Adaptive equipment," for purposes of this chapter, means any piece of equipment or any item that is used to increase, maintain, or improve
the parenting capabilities of a parent with a disability.
(b) "Disability," for purposes of this chapter, means, with respect to an individual, any mental or physical impairment which substantially limits
one (1) or more major life activities of the individual including, but not limited to, self-care, manual tasks, walking, seeing, hearing, speaking, learning,
or working, or a record of such an impairment, or being regarded as having such an impairment. Disability shall not include transvestism, transsexualism,
pedophilia, exhibitionism, voyeurism, other sexual behavior disorders, or substance use disorders, compulsive gambling, kleptomania, or pyromania. Sexual
preference or orientation is not considered an impairment or disability. Whether an impairment substantially limits a major life activity shall be determined
without consideration of the effect of corrective or mitigating measures used to
reduce the effects of the impairment.
(c) "Supportive services," as used in this chapter, means services which assist a parent with a disability to compensate for those aspects of
their disability which affect their ability to care for their child and which will enable them to discharge their parental responsibilities. The term includes
specialized or adapted training, evaluations, or assistance with effective use of adaptive equipment, and accommodations which allow a parent with a disability
to benefit from other services, such as Braille texts or sign language interpreters.
(3) If applicable, nothing in this chapter shall modify the requirements of the Indian child welfare act of 1978, 25 U.S.C. section 1902, et seq.
16-1501A. RIGHTS AND RESPONSIBILITIES OF PARTIES IN ADOPTION PROCEEDINGS.
(1) The legislature finds that the rights and interests of all parties affected by an adoption proceeding must be considered and balanced in determining
what constitutional protections and processes are necessary and appropriate.
(2) The legislature finds that:
(a) The state has a compelling interest in providing stable and permanent
homes for adoptive children in a prompt manner, in preventing the disruption of adoptive placements, and in holding parents accountable for meeting the
needs of children;
(b) An unmarried mother, faced with the responsibility of making crucial decisions about the future of a newborn child, is entitled to privacy, and has
the right to make timely and appropriate decisions regarding her future and the future of the child, and is entitled to assurance regarding the permanence
of an adoptive placement;
(c) Adoptive children have a right to permanence and stability in adoptive placements;
(d) Adoptive parents have a constitutionally protected liberty and privacy interest in retaining custody of an adopted child; and
(e) An unmarried biological
father has an inchoate interest that acquires constitutional protection only when he demonstrates a timely and full commitment to the responsibilities of
parenthood, both during pregnancy and upon the child's birth. The state has a compelling interest in requiring unmarried biological fathers to demonstrate
that commitment by providing appropriate medical care and financial support and by establishing legal paternity, in accordance with the requirements of
this chapter.
(3) (a) The legislature prescribes the conditions for determining whether an unmarried biological father's action is sufficiently prompt and substantial
to require constitutional protection pursuant to sections 16-1504 and 16-1513, Idaho Code.
(b) If an unmarried biological father fails to grasp the opportunities to establish a relationship with his child that are available to him, his biological
parental interest may be lost entirely, or greatly diminished in constitutional significance by his failure to timely exercise it, or by his failure to
strictly comply with the available legal steps to substantiate it.
(c) A certain degree of finality is necessary in order to facilitate the state's compelling interest. The legislature finds that the interest of the state,
the mother, the child, and the adoptive parents described in this section outweigh the interest of an unmarried biological father who does not timely grasp
the opportunity to establish and demonstrate a relationship with his child in accordance with the requirements of this chapter.
(d) An unmarried biological father has the primary responsibility to protect his rights.
(e) An unmarried biological father is presumed to know that the child may be adopted without his consent unless he strictly complies with the provisions
of this chapter, manifests a prompt and full commitment to his parental responsibilities, and establishes paternity.
(4) The legislature finds that an unmarried mother has a right of privacy with regard to her pregnancy and adoption plan, and therefore has no legal obligation
to disclose the identity of an unmarried biological father prior to or during an adoption proceeding, and has no obligation to volunteer information to
the court with respect to the father.
16-1501B. RIGHT OF PARENT WITH DISABILITY TO PRESENT EVIDENCE AND INFORMATION. If the prospective adoptive parent has a disability as defined in this
chapter, the prospective adoptive parent shall have the right to provide evidence to the court regarding the manner in which the use of adaptive equipment
or supportive services will enable the parent to carry out the responsibilities of parenting the child. Nothing in this chapter shall be construed to create
any new or additional obligation on state or local governments to purchase or provide adaptive equipment or supportive services for parents with disabilities.
16-1502. RESTRICTIONS AS TO COMPARATIVE AGE. The person adopting a child must be at least fifteen (15) years older than the person adopted, or twenty-five
(25) years of age or older, except such age restrictions or requirements shall not apply in cases where the adopting parent is a spouse of a natural parent,
and except that such age restrictions or requirements shall not apply when the person adopting an adult shows to the satisfaction of the court that a substantial
relationship as a parent has been maintained for a period in excess of one (1) year.
16-1503. CONSENT OF HUSBAND AND WIFE NECESSARY. A married man, not lawfully separated from his wife, cannot adopt a child without the consent of his wife;
nor can a married woman, not thus separated from her husband, without his consent, provided the husband or wife, not consenting, is capable of giving such
consent.
16-1504. NECESSARY CONSENT TO ADOPTION. (1) Consent to adoption is
required from:
(a) The adoptee, if he is more than twelve (12) years of age, unless he
does not have the mental capacity to consent;
(b) Both parents or the surviving parent of an adoptee who was conceived or born within a marriage, unless the adoptee is eighteen (18) years of age or
older;
(c) The mother of an adoptee born outside of marriage;
(d) 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;
(e) An unmarried biological father of an adoptee only if the requirements
and conditions of subsection (2)(a) or (b) of this section have been proven;
(f) Any legally appointed custodian or guardian of the adoptee;
(g) The guardian or conservator of an incapacitated adult, if one has been appointed;
(h) The adoptee's spouse, if any; and
(i) An unmarried biological father who has filed a voluntary acknowledgment of paternity with the vital statistics unit of the department of health and
welfare pursuant to section 7-1106, Idaho Code; and
(j) The father of an illegitimate child who has adopted the child by acknowledgment.
(2) In accordance with subsection (1) of this section, the consent of an unmarried biological father is necessary only if the father has strictly complied
with the requirements of this section.
(a) (i) With regard to a child who is placed with adoptive parents more than six (6) months after birth, an unmarried biological father shall have developed
a substantial relationship with the child, taken some measure of responsibility for the child and the child's future, and demonstrated a full commitment
to the responsibilities of parenthood by financial support of the child, of a fair and reasonable sum and in accordance with the father's ability, when
not prevented from doing so by the person or authorized agency having lawful custody of the child, and either:
1. Visiting the child at least monthly when physically and financially able to do so, and when not prevented from doing so by the person or authorized agency
having lawful custody of the child; or
2. Have regular communication with the child or with the person or agency having the care or custody of the child, when physically and financially unable
to visit the child, and when not prevented from doing so by the person or authorized agency having lawful custody of the child.
(ii) The subjective intent of an unmarried biological father, whether expressed or otherwise, unsupported by evidence of acts specified in this subsection
shall not preclude a determination that the father failed to meet the requirements of this subsection.
(iii) An unmarried biological father who openly lived with the child for a period of six (6) months within the one (1) year period after the birth of the
child and immediately preceding placement of the child with adoptive parents, and who openly held himself out to be the father of the child during that
period, shall be deemed to have developed a substantial relationship with the child and to have otherwise met the requirements of this subsection.
(b) With regard to a child who is under six (6) months of age at the time he is placed with adoptive parents, an unmarried biological father shall have
manifested a full commitment to his parental responsibilities by performing all of the acts described in this subsection prior to the placement for adoption
of the child in the home of prospective parents or prior to the date of commencement of any proceeding to terminate the parental rights of the birth mother,
whichever event occurs first. The
father shall:
(i) Commence proceedings to establish paternity under section 7-1111, Idaho Code, and file with that court a sworn affidavit stating that he is fully able
and willing to have full custody of the child, setting forth his plans for the care of the child, and agreeing to a court order of child support and the
payment of expenses incurred in connection with the mother's pregnancy and the child's birth;
(ii) File a notice of his commencement of proceedings to establish his paternity of the child with the vital statistics unit of the department of health
and welfare pursuant to section 16-1513, Idaho Code; and
(iii) If he had actual knowledge of the pregnancy, pay a fair and reasonable amount of the expenses incurred in connection with the mother's pregnancy and
the child's birth, in accordance with his means, and when not prevented from doing so by the person or authorized agency having lawful custody of the child.
(3) An unmarried biological father whose consent is required under subsection (1) or (2) of this section may nevertheless lose his right to consent if the
court determines, in accordance with the requirements and procedures of the termination of parent and child relationship act, sections 16-2001 through 16-2015,
Idaho Code, that his rights should be terminated, based on the petition of any party as set forth in section 16-2004, Idaho Code.
(4) If there is no showing that an unmarried biological father has consented to or waived his rights regarding a proposed adoption, the petitioner shall
file with the court a certificate from the vital statistics unit of the department of health and welfare, signed by the state registrar of vital statistics,
stating that a diligent search has been made of the registry of notices from putative fathers, of a child born out of wedlock, and that the putative father
involved has not filed notice of his commencement of proceedings to establish his paternity, or if a filing is found, stating the name of the putative father
and the time and date of filing. That certificate shall be filed with the court prior to the entrance of the final decree of adoption.
(5) An unmarried biological father who does not fully and strictly comply with each of the conditions provided in this section, is deemed to have waived
and surrendered any right in relation to the child, including the right to notice of any judicial proceeding in connection with the adoption of the child,
and his consent to the adoption of the child is not required.
(6) A minor parent has the power to consent to the adoption of his or her child. That consent is valid and has the same force and effect as a consent executed
by an adult parent. A minor parent, having executed a consent, cannot revoke that consent upon reaching the age of majority or otherwise becoming
emancipated.
(7) No consent shall be required of, nor notice given to, any person whose parental relationship to such child shall have been terminated in accordance
with the provisions of either chapter 16 or 20, title 16, Idaho Code, or by a court of competent jurisdiction of a sister state under like proceedings;
or in any other manner authorized by the laws of a sister state. Where a voluntary child placement agency licensed by the state in which it does business
is authorized to place a child for adoption and to consent to such child's adoption under the laws of such state, the consent of such agency to the adoption
of such child in a proceeding within the state of Idaho shall be valid and no further consents or notices shall be required.
(8) The legislature finds that an unmarried biological father who resides
in another state may not, in every circumstance, be reasonably presumed to know of, and strictly comply with, the requirements of this chapter. Therefore
when all of the following requirements have been met, that unmarried biological father may contest an adoption, prior to finalization of the decree of adoption,
and assert his interest in the child:
(a) The unmarried biological father resides and has resided in another state where the unmarried mother was also located or resided;
(b) The mother left that state without notifying or informing the unmarried biological father that she could be located in the state of Idaho;
(c) The unmarried biological father has, through every reasonable means, attempted to locate the mother but does not know or have reason to know that the
mother is residing in the state of Idaho; and
(d) The unmarried biological father has complied with the most stringent
and complete requirements of the state where the mother previously resided or was located, in order to protect and preserve his parental interest and rights
in the child in cases of adoption.
(9) Notwithstanding section 7-1107, Idaho Code, a proceeding to establish paternity filed pursuant to this section may be filed prior to the birth of the
child.
16-1505. NOTICE OF ADOPTION PROCEEDINGS.
(1) Notice of an adoption proceeding shall be served on each of the following persons:
(a) Any person or agency whose consent or relinquishment is required under section 16-1504, Idaho Code, unless that right has been terminated by waiver,
relinquishment, consent or judicial action, or their parental rights have been previously terminated;
(b) Any person who has registered notice of the commencement of paternity proceedings pursuant to section 16-1513, Idaho Code;
(c) The petitioner's spouse, if any, only if he or she has not joined in
the petition;
(d) Any person who is recorded on the birth certificate as the child's father, with the knowledge and consent of the mother, unless such right to notice
or parental rights have been previously terminated;
(e) Any person who is openly living in the same household with the child at the time the mother's consent is executed or relinquishment made, and who is
holding himself out to be the child's father, unless such rights to notice or parental rights have been previously terminated; and
(f) Any person who is married to the child's mother at the time she executes her consent to the adoption or relinquishes the child for adoption.
(2) An unmarried biological father, by virtue of the fact that he has engaged in a sexual relationship with a woman, is deemed to be on notice that a pregnancy
and an adoption proceeding regarding that child may occur, and has a duty to protect his own rights and interests. He is therefore entitled to actual notice
of a birth or an adoption proceeding with regard to that child only as provided in this section.
(3) Notice provided in accordance with this section need not disclose the name of the mother of the child who is the subject of an adoption proceeding.
(4) The notice required by this section may be served immediately after
commencement of proceedings to adopt a child but shall be served at least twenty (20) days prior to the final dispositional hearing. The notice shall specifically
state that the person served must respond to the petition for adoption within twenty (20) days of service if he intends to intervene in or contest the adoption.
(5) (a) Any person who has been served with notice of an adoption proceeding and who wishes to contest the adoption shall file a written objection to the
adoption in the adoption proceeding within twenty (20) days after service. The written objection shall set forth specific relief sought and be accompanied
by a memorandum specifying the factual and legal grounds upon which the written objection is based.
(b) Any person who fails to file a written objection to the adoption within twenty (20) days after service of notice waives any right to further notice
in connection with the adoption, forfeits all rights in relation to the adoptee, and is barred from thereafter bringing or maintaining any action to assert
any interest in the adoptee.
(6) Service of notice under this section shall be made as follows:
(a) With regard to a person whose consent is necessary under section 16-1504, Idaho Code, notice shall be given by personal service. Where reasonable efforts
to effect personal service have been unsuccessful, the court shall order service by registered or certified mail to the last known address of the person
to be notified and by publication once a week for three (3) successive weeks in a newspaper or newspapers to be designated by the court as most likely to
give notice to the person to be served. The hearing shall take place no sooner than twenty (20) days after service of notice, or where service is by registered
or certified mail and publication, the hearing shall take place no sooner than twenty (20) days after the date of last publication. Notice and appearance
may be waived by any person in writing before the court or in the presence of, and witnessed by, a clerk of court or a representative of an authorized agency,
provided that such parent has been apprised by the court or by such person of the meaning and consequences of the adoption proceeding.
Where the person entitled to notice resides outside the state, the waiver
shall be acknowledged before a notary of the state and shall contain the
current address of said person. The person who has executed such a waiver shall not be required to appear. If service is by publication, the court shall
designate the content of the notice regarding the identity of the parties. The notice may not include the name of the person or persons seeking to adopt
the adoptee.
(b) As to any other person for whom notice is required under this section, service by certified mail, return receipt requested, is sufficient. If that service
cannot be completed after two (2) attempts, the court may issue an order providing for service by publication, posting, or by any other manner of service.
(c) Notice to a person who has registered a notice of his commencement of paternity proceedings with the vital statistics unit of the department of health
and welfare in accordance with the requirements of section 16-1513, Idaho Code, shall be served by certified mail, return receipt requested, at the last
address filed with the department.
(7) Proof of service of notice on all persons for whom notice is required by this section shall be filed with the court before the final dispositional hearing
on the adoption.
(8) Notwithstanding any other provision of law, neither the notice of an adoption proceeding nor any process in that proceeding is required to contain the
name of the person or persons seeking to adopt the adoptee.
(9) Except as to those persons whose consent to an adoption is required under section 16-1504, Idaho Code, the sole purpose of notice under this section
is to enable the person served to present evidence to the court relevant to the best interest of the child.
16-1506. PROCEEDINGS ON ADOPTION.
(1) Proceedings to adopt a child shall be commenced by the filing of a petition together with a copy thereof. The petition shall be initiated by the
person or persons proposing to adopt the child and shall be filed with the district court of the county in which said person or persons reside. If the adoption
arises from a child protective act case, the petition shall be filed in the court having jurisdiction over the child protective act case unless that court
relinquishes jurisdiction over the adoption proceeding. The petitioners shall have resided and maintained a dwelling within the state of Idaho for at least
six (6) consecutive months prior to the filing of a petition. The petition shall set forth the name and address of the petitioner or petitioners, the name
of the child proposed to be adopted and the name by which the person to be adopted shall be known if and when adopted, the degree of relationship of the
child, if any, to the petitioner or petitioners and the names of any person or agency whose consent to said adoption is necessary. At the time fixed for
hearing such petition the person adopting a child, and the child adopted, and the spouse of the petitioner if a natural parent of the child, must appear
before the court of the county wherein the petition was filed. The petitioner shall at such time execute an agreement to the effect that the child shall
be adopted and treated in all respects as his own lawful child should be treated.
(2) Any person or persons whose consent is required shall execute such consent in writing, in a form consistent with the provisions of section 16-2005(4),
Idaho Code, which consent being filed in the court where the application is made, shall be deemed a sufficient appearance on the part of such person or
persons. If any adoptive parent, or a person not a minor being adopted by a resident adult under the provisions of section 16-1501, Idaho Code, is a member
of the armed services and is unable to attend the hearing, his appearance and testimony shall be received by means of deposition, which shall be filed in
the court at the time of the hearing.
(3) Prior to the placement for adoption of any child in the home of prospective adoptive parents, it shall be required that a thorough social investigation
of the prospective adoptive family and all of its members, consistent with the rules regarding such investigations promulgated by the department of health
and welfare, shall be completed and that a positive recommendation for adoptive placement shall have been made. The social investigation may be performed
by any individual who meets the requirements of the law. A copy of the study must be submitted to the department and the department may impose a reasonable
fee, not to exceed fifty dollars ($50.00), for oversight of such privately conducted studies. If the prospective adoptive parent has a disability as defined
in this chapter, the prospective adoptive parent shall have the right, as a part of the social study, to provide information regarding the manner in which
the use of adaptive equipment or supportive services will enable the parent to carry out the responsibilities of parenting the child. The person performing
the social investigation shall advise the prospective adoptive parent of such right and shall consider all such information in any findings or recommendations.
The social investigation
of any prospective adoptive parent with a disability shall be conducted by, or with the assistance of, an individual with expertise in the use of such equipment
and services. Nothing in this chapter shall be construed to create any new or additional obligation on state or local governments to purchase or provide
adaptive equipment or supportive services for parents with disabilities. In those instances where the prospective adoptive parent is married to the birth
parent or is the grandparent of the child to be adopted, such social investigation shall be completed with regard to the prospective adoptive parent only
upon order of the court. In exigent circumstances where the prospective adoptive parents are determined by the court to have been unable to complete a social
investigation of the family with a positive recommendation prior to the time the child is placed in the home, the child shall remain in the home unless
the court determines the best interests of the child are served by other placement. If exigent circumstances exist, a social investigation shall be initiated
within five (5) days of placement. Once initiated, all studies shall be completed within sixty (60) days. Upon the filing of a petition to adopt a minor
child by a person unrelated to the child or unmarried to a natural parent of the child and at the discretion of the court upon the filing of any other petition
for adoption, a copy of such petition, together with a statement containing the full names and permanent addresses of the child and the petitioners, shall
be served by the court receiving the petition within five (5) days on the director of the department of health and welfare by registered mail or personal
service. If no private investigation is conducted, it shall then be the duty of the said director, through the personnel of the department or through such
qualified child-placing children's adoption agency incorporated under chapter 3, title 30, Idaho Code, as the director may designate, to verify the allegations
of the petition, and as soon as possible not exceeding thirty (30) days after service of the petition on the director to make a thorough investigation of
the matter to include in all cases information as to the alleged date and place of birth and as to parentage of the child to be adopted as well as the source
of all such information and report his findings in writing to the court. The investigative report shall include reasonably known or available medical and
genetic information regarding both natural parents and sources of such information as well as reasonably known or available providers of medical care and
services to the natural parents. A copy of all medical and genetic information compiled in the investigation shall be made available to the adopting family
by the department or other investigating children's adoption agency prior to entry of the final order of adoption. The petition, statement and all other
papers, records or files relating to the adoption, including the preplacement investigation and recommendation, shall be returned to the court with the
investigative report. The department of health and welfare or other children's adoption agency may require the petitioner to pay all or any part of the
costs of the investigation. If the report disapproves of the adoption of the child, motion may be made to the court to dismiss the petition.
(4) Proceedings for termination of parent-child relationship in accordance with chapter 20, title 16, Idaho Code, and proceedings for adoption may be consolidated
and determined at one (1) hearing provided that all of the requirements of this chapter as well as chapter 20, title 16, Idaho Code, be fully complied with.
Nothing in either chapter shall be construed as limiting the initiation of any petition for approval of a verified financial plan for adoption expenses
pursuant to section 18-1511, Idaho Code, prior to the birth of the child which is the subject of any adoption proceeding. In all disputed matters under
this chapter or chapter 20, title 16, Idaho Code, the paramount criterion for consideration and determination by the court shall be the best interests of
the child.
(5) Proceedings for the adoption of an adult shall be as provided in subsection (1) of this section and any consents required shall be executed as provided
in subsection (2) of this section. Upon a finding by the court that the consent of all persons for whom consent is required has been given and that the
requirements of section 16-1501, Idaho Code, have been proven to the satisfaction of the court, the court shall enter an order granting the adoption. In
cases where the adult proposed to be adopted is incapacitated or disabled, the court may require that an investigation be performed. The form and extent
of the investigation to be undertaken may be as provided in subsection (3) of this section, or as otherwise ordered by the court. If an investigation is
performed, the court must review and approve the findings of the investigation before issuing an order approving the adoption.
16-1507. ORDER OF ADOPTION. The judge must examine all persons appearing before him pursuant to this chapter, each separately, and any report of the
investigation provided pursuant to the last section and if satisfied that the interests of the child will be promoted by the adoption, he must in the adoption
of all foreign born persons make a finding of facts as to the true or probable date and place of birth of the foreign born child to be adopted and make
an order declaring that the child shall thenceforth be regarded and treated in all respects as the child of the person adopting.
16-1508. EFFECT OF ADOPTION. A child or adult, when adopted, may take the name of the person adopting, and the two (2) shall thenceforth sustain toward
each other the legal relation of parent and child, and shall have all the rights and shall be subject to all the duties of that relation, including all
of the rights of a child of the whole blood to inherit from any person, in all respects, under the provisions of section 14-103, Idaho Code, and to the
same extent as a child of the whole blood.
16-1509. RELEASE OF CHILD'S PARENTS FROM OBLIGATION -- TERMINATION OF RIGHTS OF PARENTS AND CHILDREN. Unless the decree of adoption otherwise provides,
the natural parents of an adopted child are, from the time of the adoption, relieved of all parental duties toward, and all responsibilities for, the child
so adopted, and have no right over it, and all rights of such child from and through such natural parents including the right of inheritance, are hereby
terminated unless specifically provided by will.
16-1509A. DISSOLUTION OF ADOPTION. An adoption may be dissolved, upon petition, with the agreement of both the adoptee and the adopting parent, when the
adopting parent was the spouse of a natural parent, and the marriage of the natural parent and adoptive parent was terminated. If the petition for dissolution
occurs after the death of the adoptive parent, the court shall, in the finding of dissolution, specify the effect upon rights of inheritance. The court
must determine that avoidance of statutory care is not the purpose of the dissolution, unless the court finds grounds to waive this finding. An action to
obtain a decree of dissolution of adoption may be commenced at any time after the adoptee reaches twenty-one (21) years of age.
16-1511. SEALING RECORD OF PROCEEDINGS. Upon the motion of petitioners, or upon its own motion the court shall order that the record of its proceedings
in any adoption proceeding shall be sealed. When such order has been made and entered the court shall seal such record and thereafter the seal shall not
be broken except upon the motion of petitioners or the person adopted; provided, however, that such record may be sealed again as in this section provided.
16-1512. APPEAL FROM ORDER TO DISTRICT COURT -- BINDING EFFECT OF ADOPTION ORDER. (1) An appeal may be taken to the district court of the county from
an order of the magistrates division of the district court granting or refusing to grant an order of adoption or from any other intermediate order in adoption
proceedings.
(2) After the order of adoption by the court becomes final, no party to an adoption proceeding, nor anyone claiming under such party, may later question
the validity or the adoption proceedings by reason of any defect or irregularity therein, jurisdiction or otherwise, but shall be fully bound by the order,
except for such appeal as may be allowed in subsection (1) of this section. In no event, for any reason, other than fraud on the part of the party adopting
a child, shall an adoption be overturned by any court or collaterally attacked by any person or entity after six (6) months from the date the order of adoption
becomes final. This provision is intended as a statute of repose.
16-1513. REGISTRATION OF NOTICE OF COMMENCEMENT OF PATERNITY PROCEEDINGS.
(1) A person who is the father or claims to be the father of a child born out of wedlock may claim rights pertaining to his paternity of the child by commencing
proceedings to establish paternity under section 7-1111, Idaho Code, and by filing with the vital statistics unit of the department of health and welfare
notice of his commencement of proceedings to establish his paternity of the child born out of wedlock. The vital statistics unit of the department of health
and welfare shall provide forms for the purpose of filing the notice of commencement of paternity proceedings, and the forms shall be made available through
the vital statistics unit of the Idaho department of health and welfare and in the office of the county clerk in every county of this state. The forms shall
include a written notification that filing pursuant to this section shall not satisfy the requirements of chapter 82, title 39, Idaho Code, and the notification
shall also include the following statements:
(a) A parent may make a claim of parental rights of an abandoned child, abandoned pursuant to the provisions of chapter 82, title 39, Idaho Code, as provided
by section 39-8206, Idaho Code, by filing a notice of claim of parental rights with the vital statistics unit of the department of health and welfare on
a form as prescribed and provided by the vital statistics unit of the department of health and welfare;
(b) The vital statistics unit of the department of health and welfare shall maintain a separate registry for claims to abandoned children, abandoned pursuant
to the provisions of chapter 82, title 39, Idaho Code;
(c) The department shall provide forms for the purpose of filing a claim of parental rights of an abandoned child, abandoned pursuant to the provisions
of chapter 82, title 39, Idaho Code, and the forms shall be made available through the vital statistics unit of the Idaho department of health and welfare
and in the office of the county clerk in every county of this state;
(d) To be valid, a claim of parental rights of an abandoned child, abandoned pursuant to the provisions of chapter 82, title 39, Idaho Code, must be filed
before an order terminating parental rights is entered by the court. A parent that fails to file a claim of parental rights prior to entry of an order terminating
their parental rights is deemed to have abandoned the child and waived and surrendered any right in relation to the child, including the right to notice
of any judicial proceeding in connection with the termination of parental rights or adoption of the child;
(e) Registration of notice of commencement of paternity proceedings pursuant to chapter 15, title 16, Idaho Code, shall not satisfy the requirements of
chapter 82, title 39, Idaho Code. To register a parental
claim to an abandoned child, abandoned pursuant to the provisions of chapter 82, title 39, Idaho Code, an individual must file an abandoned child registry
claim with the vital statistics unit of the department of health and welfare and comply with all other provisions of chapter 82, title 39, Idaho Code, in
the time and manner prescribed, in order to preserve parental rights to the child. When filing a notice of the commencement of paternity proceedings, a
person who claims to be the father of a child born out of wedlock, shall file with the vital statistics unit of the department of health and welfare, the
completed form prescribed by the vital statistics unit of the department of health and welfare. Said form will be filled out completely, signed by the person
claiming paternity, and witnessed before a notary public.
(2) The notice of the commencement of paternity proceedings may be filed prior to the birth of the child, but must be filed prior to the placement for
adoption of the child in the home of prospective parents or prior to the date of commencement of any proceeding to terminate the parental rights of the
birth mother, whichever event occurs first. The notice of the commencement of paternity proceedings shall be signed by the person filing the notice and
shall include his name and address, the name and last address of the mother, and either the birth date of the child or the probable month and year of the
expected birth of the child. The vital statistics unit of the department of health and welfare shall maintain a registry for this purpose which shall be
subject to disclosure according to chapter 3, title 9, Idaho Code. The department shall record the date and time the notice of the commencement of proceedings
is filed with the department. The notice shall be deemed to be duly filed with the department as of the date and time recorded on the notice by the department.
(3) If the unmarried biological father does not know the county in which
the birth mother resides, he may initiate his action in any county, subject to a change in venue.
(4) Any father of a child born out of wedlock who fails to file and register his notice of the commencement of paternity proceedings prior to the placement
for adoption of the child in the home of prospective parents or prior to the date of commencement of any proceeding to terminate the parental rights of
the birth mother, whichever event occurs first, is deemed to have waived and surrendered any right in relation to the child and shall be barred from thereafter
bringing or maintaining any action to establish his paternity of the child. Failure of such filing or registration shall constitute an abandonment of said
child. The filing and registration of a notice of the commencement of paternity proceedings by a putative father shall constitute prima facie evidence of
the fact of his paternity in any contested proceeding under chapter 11, title 7, Idaho Code. The filing of a notice of the commencement of paternity proceedings
shall not be a bar to an action for termination of his parental rights under chapter 20, title 16, Idaho Code.
(5) In any adoption proceeding pertaining to a child born out of wedlock, if there is no showing that the putative father has consented to the adoption,
a certificate shall be obtained from the vital statistics unit of the department of health and welfare, signed by the state registrar of vital statistics,
which certificate shall state that a diligent search has been made of the registry of notices from putative fathers, and that no filing has been found pertaining
to the father of the child in question, or if a filing is found, stating the name of the putative father and the time and date of filing. That certificate
shall be filed with the court prior to entry of a final decree of adoption.
(6) Identities of putative fathers can only be released pursuant to procedures contained in chapter 3, title 9, Idaho Code.
(7) To cover the cost of implementing and maintaining said registry, the vital statistics unit of the department of health and welfare shall charge a filing
fee of ten dollars ($10.00) at the time the putative father files his notice of his commencement of proceedings. It is the intent of the legislature that
the fee shall cover all direct and indirect costs incurred pursuant to this section. The board of health and welfare shall annually review the fees and
expenses incurred pursuant to administering the provisions of this section.
(8) Consistent with its authority denoted in the vital statistics act, section 39-242(c), Idaho Code, the board of health and welfare shall adopt, amend
and repeal rules for the purpose of carrying out the provisions of this section.
16-1514. INTERNATIONAL ADOPTION. (1) Proceedings to adopt a foreign born child who has been allowed to enter the United States for the purpose of adoption
shall be commenced by the filing of a petition under this section. Similarly, United States citizen parents who have adopted a child in a foreign country
may commence proceedings to have the foreign adoption recognized and granted judicial comity by the filing of a petition under this section. A petition
under this section shall be initiated by the person or persons proposing to adopt the child and shall be filed with the district court of the judicial district
in which said person or persons reside. The petitioner shall have resided and maintained a dwelling within the state of Idaho for at least six (6) consecutive
months prior to the filing of a petition. The petition shall set forth the following:
(a) The name and address of the petitioner or petitioners;
(b) The name of the child proposed to be adopted and the name by which he or she shall be known when adopted;
(c) The degree of relationship of the child, if any, to the petitioner or petitioners;
(d) The child's country of origin, and date of birth, if known;
(e) That the child has been issued a visa or other document authorizing entry into the United States as an immigrant or for the purpose of adoption or for
humanitarian reasons relating to adoption in the United States and the date of the person's entry into the United States;
(f) That a home study of the petitioner or petitioners was prepared and the name of the person or agency performing the home study. A copy of the home study
shall be attached to the petition;
(g) That, to the information and belief of the petitioners, the biological parents of the child to be adopted are residents of another country;
(h) That the adoption of such child is in the child's best interests.
(2) At the time fixed for the hearing on a petition for adoption under this section, the person or persons adopting the child and the child to be adopted
must appear before the court where the petition was filed. The judge shall examine the petitioner or petitioners at the hearing and, if satisfied that the
proposed adoption is in the best interests of the child to be adopted, shall enter a decree of adoption. The petitioner or petitioners shall at such time
execute an agreement to the effect that the child shall be adopted and treated in all respects as the petitioner's own lawful child.
(3) This section governs the adoption of all foreign born children who
have entered the United States to be adopted or who have entered the United States as immigrants after having been adopted in a foreign country by United
States citizens. Notwithstanding any other provision of this chapter, no consent shall be required from the biological parents of the child to be adopted
if the child has been granted permission by the United States department of state or United States department of justice, immigration and naturalization
service to enter the United States for the purpose of adoption, or for humanitarian reasons relating to adoption by United States citizens, or as an immigrant
after having been adopted in a foreign country by United States citizens. A visa or other document from the United States department of state or United
States department of justice, immigration and naturalization service authorizing entry into the United States for the purpose of adoption, or for humanitarian
reasons relating to adoption by United States citizens, or as an immigrant due to adoption in a foreign country by United States citizens, shall be deemed
conclusive evidence of the termination of the parental rights of the biological parents and compliance with the laws of the country of the child's birth.
The provisions of chapter 20, title 16, Idaho Code, shall not apply to adoptions under this section.
(4) The decisions and orders of foreign courts and government agencies, authorized to approve adoptions, shall be accorded judicial comity or the same full
faith and credit accorded a judgment of a sister state without additional proceedings or documentation, provided the United States department of state or
United States department of justice, immigration and naturalization service has allowed the child to enter the United States as set forth in subsection
(3) of this section. 16-1515. REVOCATION OF ADOPTION -- PAYMENT OF EXPENSES OF ADOPTIVE
PARENTS. (1) If a natural parent withdraws or revokes a consent to adoption and the court orders that the custody of the child be returned to the natural
parent upon the petition of a natural parent, whether or not the order of adoption has been entered, the court shall order the natural parent who so petitioned
to reimburse the adoptive or prospective adoptive parents for all adoption expenses including, but not limited to, all medical fees and costs and all legal
fees and costs, and all other reasonable costs and expenses including, but not limited to, expenses for food and clothing incurred by the adoptive or prospective
adoptive parents in connection with the care and maintenance of the child while the child was living with the adoptive or prospective adoptive parents.
The court shall determine the amount of the reimbursement owing and shall enter the same as a money judgment in favor of the adoptive or prospective adoptive
parents.
(2) If the natural parent agrees to consent to the adoption and the adoption proceedings have been initiated by the prospective adoptive parents in accordance
with that agreement but the natural parent thereafter refuses to execute the consent to adoption, the prospective adoptive parents may file a motion for
restitution in the adoption action and the court may order reimbursement as provided in subsection (1) of this section, or the prospective adoptive parents
may file a suit independent of the adoption proceedings for damages which may include those items described in subsection
(1) of this section.
(3) For purposes of this section, "prospective adoptive parents" shall include foster parents who have initiated adoption proceedings with respect
to the child for whom foster care is being provided, but shall not include foster parents who are wholly or partially reimbursed by the state of Idaho for
the care of the child. |
