Regulation of Private Domestic Adoption Expenses - Idaho

Date: May 2022

Birth Parent Expenses Allowed

Citation: Ann. Code §§ 18-1511; 16-1515

A person or adoption agency is not prohibited from providing legal and medical costs and reasonable maternity and living expenses during the pregnancy and for a period not to exceed 6 weeks postpartum based upon demonstrated financial need.

If a birth parent withdraws or revokes a consent to adoption and the court orders that the custody of the child be returned to the birth parent, whether or not the order of adoption has been entered, the court shall order the birth parent to reimburse the adoptive or prospective adoptive parents for all adoption expenses, including, but not limited to, all medical fees and costs; 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 owed and shall enter the same as a money judgment in favor of the adoptive or prospective adoptive parents.

Birth Parent Expenses Not Allowed

Citation: Ann. Code § 18-1511

Financial assistance may not be released to the birth parent in excess of $500 without prior approval from the court. A prospective adoptive parent, or another person acting on behalf of a prospective adoptive parent, shall make payments for allowed expenses only to third-party vendors, as is reasonably practical.

No financial assistance to a birth parent shall exceed the sum of $2,000, unless otherwise authorized by the court. The financial assistance contemplated by this section shall be considered a charitable gift and not subject to recovery under the terms of § 16-1515.

Allowable Payments for Arranging Adoption

This issue is not addressed in the statutes reviewed.

Allowable Payments for Relinquishing Child

Citation: Ann. Code § 18-1511

It is a felony to sell or barter a child for adoption or other purposes.

Allowable Fees Charged by Department/Agency

Citation: Ann. Code § 16-1506; Admin. Code

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 of Health and Welfare, and the department may impose a reasonable fee, not to exceed $50, for oversight of such privately conducted studies. If no private investigation is conducted, it shall be the duty of the department to verify the allegations of the adoption petition and to prepare an investigative report. The department or other children's adoption agency may require the petitioner to pay all or any part of the costs of the investigation.

In regulation: For adoptions through the department, fees are established in regulation, including the following:

  • Preplacement home study: $450
  • Placement supervision: $300
  • Report to court: $150

Accounting of Expenses Required by Court

Citation: Ann. Code § 18-1511

All actual expenditures shall be presented by verified affidavit of counsel or the agency at the time of the adoption finalization.