The Rights of Unmarried Parents - Idaho

Date:

Definitions

Citation: Ann. Stat. § 16-2002

The term 'parent' includes any of the following:

  • The birth parent
  • The adoptive parents
  • The biological other parent of a child conceived or born during the person's marriage to the birth parent
  • The unmarried biological other parent whose consent to an adoption of the child is required pursuant to § 16-1504

A 'presumptive father' is a person who is or was married to the birth parent and the child is born during the marriage or within 300 days after the marriage is terminated.

A 'parent and child relationship' includes all rights, privileges, duties, and obligations existing between parent and child, including inheritance rights, and shall be construed to include adoptive parents.

An 'unmarried biological father,' as used in this chapter and chapter 15, title 16, Idaho Code, means the biological other parent of a child who was not married to the child's birth parent at the time the child was conceived or born.

Use of Parentage Registries

Citation: Ann. Stat. § 16-1513

A person who is the other parent or claims to be the other parent of a child born out of wedlock may claim rights pertaining to their parentage of the child by commencing proceedings to establish parentage under § 7-1111 and by filing with the Vital Statistics Unit of the Department of Health and Welfare notice of their commencement of proceedings. The form must be signed by the person claiming parentage and witnessed before a notary public.

The notice of the filing of parentage proceedings may be filed prior to the birth of the child but must be filed prior to the date of the filing of any proceeding to terminate the parental rights of the birth parent. The Vital Statistics Unit shall maintain a central registry for this purpose.

Any other parent of a child born out of wedlock who fails to file and register their notice of the commencement of parentage proceedings prior to the date of the filing of any proceeding to terminate the parental rights of the birth parent; the filing of any proceeding to adopt the child; or the execution of a consent to terminate the birth parent's parental rights, whichever occurs first, is deemed to have waived and surrendered any right in relation to the child and of any notice to proceedings for adoption of the child or for termination of parental rights of the birth parent. The other parent's consent to the adoption of the child shall not be required, and they shall be barred thereafter from bringing or maintaining any action to establish their parentage of the child. Failure of such filing or registration shall constitute an abandonment of the child and shall constitute an irrevocable implied consent in any adoption or termination proceeding.

Alternate Means to Establish Parentage

Citation: Ann. Stat. §§ 7-1106; 7-1116

A voluntary acknowledgment of parentage for an Idaho birth shall be admissible as evidence of parentage and shall constitute a legal finding of parentage upon the filing of a signed and notarized acknowledgment with the Vital Statistics Unit. If the birth parent was married at the time of either conception or birth, or between conception and birth, and the spouse is not the genetic parent of the child, the spouse may file an executed and notarized affidavit of nonparentage if it is accompanied by a voluntary acknowledgment of parentage signed and notarized by the birth parent and the alleged other parent.

The court may, and upon request of a party shall, require the child, birth parent, alleged other parent, or any person who testifies or will testify about their sexual relations with the birth parent at a possible time of conception to submit to genetic tests. A genetic test result with a probability of parentage of at least 98 percent shall create a rebuttable presumption of parentage. Whenever the results of the tests exclude any witness from possible parentage, the tests shall be conclusive evidence of nonparentage of the witness.

Required Information

Citation: Ann. Stat. § 16-1513

The notice of the commencement of parentage proceedings shall be signed by the person filing the notice and shall include the following:

  • The person's name and address
  • The name and last address of the birth parent
  • Either the birth date of the child or the probable month and year of the expected birth of the child

Revocation of Claim to Parentage

Citation: Ann. Stat. § 7-1106

Any party executing an acknowledgment of parentage or affidavit of nonparentage may file a notarized rescission of such with the Vital Statistics Unit within the earlier of either of the following:

  • Sixty days after the acknowledgment is filed
  • The date of an administrative or judicial proceeding relating to the child, including a proceeding to establish a support order, in which the signatory is a party

Such rescission shall be effective upon filing with the Vital Statistics Unit. The Vital Statistics Unit shall notify the other party or parties of the rescission by certified mail.

After the period for rescission, an executed acknowledgment of parentage may be challenged in court based only on fraud, duress, or material mistake of fact, with the burden of proof upon the party challenging the acknowledgment. The legal responsibilities, including the obligation to pay child support, of any party to the acknowledgment shall not be stayed except for good cause shown.

Access to Information

Citation: Ann. Stat. § 16-1513

Information from the central registry that is maintained by the Vital Statistics Unit shall be subject to disclosure according to title 74, chapter 1, Idaho Code.