Consent to Adoption - Idaho

Date: October 2021

Who Must Consent to an Adoption

Citation: Ann. Stat. § 16-1504

Consent to adoption of a child is required from the following:

  • Both parents or the surviving parent of a child who was conceived or born within a marriage
  • The mother of a child born outside of marriage
  • Any birth parent who has been adjudicated to be the child's birth father by a court of competent jurisdiction prior to the mother's execution of consent
  • An unmarried birth father who has established paternity of the child
  • Any legally appointed custodian or guardian of the child
  • The adopted person's spouse, if any
  • The father of an illegitimate child who has adopted the child by acknowledgment

Consent to adoption of an adult is required from the following:

  • The adoptee or the guardian or conservator of an incapacitated adoptee, if a guardian or conservator has been appointed
  • The adoptee's spouse, if any

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 consent executed by an adult parent.

Consent of Child Being Adopted

Citation: Ann. Stat. § 16-1504

A child who is 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 that child has been terminated.

When Consent Can Be Executed

This issue is not addressed in the statutes reviewed.

How Consent Must Be Executed

Citation: Ann. Stat. §§ 16-1506; 16-2005(4)

Any person whose consent is required shall execute the consent in writing in a form consistent with the provisions of § 16-2005(4). A consent that is filed in the court where the application is made shall be deemed a sufficient appearance on the part of that person.

The court may grant an order terminating the relationship when a consent to termination in the manner and form prescribed by this chapter has been filed by the parent(s) of the child in conjunction with a petition for adoption initiated by the person or persons proposing to adopt the child. When the consent to termination has been filed by a licensed adoption agency, no subsequent hearing on the merits of the petition shall be held.

Consents required by this chapter must be witnessed by a district judge, a magistrate of a district court, or an equivalent judicial officer of the state where a person consenting resides or is present. A form is provided in the statute.

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.

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