idaho adoption Laws

Each state maintains its own adoption policies, so the process can vary considerably for families, from state to state. Learn all about the legal guidelines for families adopting in Idaho, whether you’re adopting a newborn through domestic, private adoption, an infant or older child from U.S. foster care adoption, or an infant, toddler, or older child through international adoption. Find answers to the most common questions about Idaho adoptions, as well as related articles from the AF archives.

Ready to find an Idaho adoption agency, adoption lawyer, or adoption doctor? Return to the main Idaho Adoptions page.


WHO CAN ADOPT?
Any resident of Idaho may adopt, as long as the adopting parent is 25 years or older or at least 15 years older than the child (unless the adopting parent is married to the biological parent of the child). Married couples must receive consent from his/her spouse.

DOMESTIC ADOPTION
Can adoptive parents advertise for birthparents?
No.

Can out-of-state residents finalize an adoption?
No.

Can adopting parents use an adoption facilitator or another paid intermediary?
Not addressed in state statutes.

What birthparent expenses may be paid, and in what time period?
Medical, legal, counseling. Living and lost wages: up to $500 without court approval, up to $2000 with approval. No time limit, but total must not exceed $2000. Can petition to over $2000 limit. Birthmother who revokes consent may be required to reimburse adoptive parents.

• Birthmother Expenses: What You Need to Know

Is there a putative father registry?
Yes.

• Birthfathers’ Rights
• Birthfather Registries

When can consent to adoption be granted?
After birth, in front of judge.

When does consent become irrevocable? If consent is revoked, is return to birthparent automatic?
After signing.

Are post-adoption contact agreements legally enforceable?
Not addressed in state statutes.

• Ask the Attorney: Open-Adoption Agreements
• Ask the Open Adoption Expert: Contact Agreements

INTERNATIONAL ADOPTION
Is a foreign adoption decree automatically recognized by the state?
Yes, as long as the foreign adoption decree is valid, and the U.S. Dept. of Homeland Security allows the child to enter the U.S.

Can parents readopt in this state? Is it mandatory?
Yes, adoptive parents may petition to readopt in an Idaho court if the adoption decree was issued under due process of law and the U.S. Government recognizes the adoption. Adopting parents must provide the court with a copy of the adoption decree and proof that the U.S. Government recognizes the adoption. Readoption is mandatory.

• Clip-and-Save: Readoption Explained
• Readoption: The Final Step

When will a U.S. birth certificate be issued?
The State Registrar will issue a U.S. birth certificate upon receipt of a copy of the adoption decree with the probable place and date of birth of the child, along with a request from the adopting parents or the adopted person for the birth certificate.

• Clip-and-Save: Post-Adoption Paperwork

ADOPTION FROM FOSTER CARE
Are adoption subsidies available? When do they start and how long do they last?
Yes, subsidies are available for a special needs child, who is defined as having at least one of the following: member of a sibling group that is being placed together, has or is at high risk of developing a physical, mental, emotional, or medical condition, is of an age that makes placement challenging. In addition, the child must be in the custody of the Idaho Dept. of Health and Welfare. Subsidies generally begin at adoption finalization, but out-of-state adoptions may qualify for subsidies beginning at adoption placement.

Where can I learn more about the process of adopting a child from foster care in Idaho?
http://healthandwelfare.idaho.gov/Children/AdoptionFosterCare/tabid/75/default.aspx

• Adopting from Foster Care: How to Get Started

IDAHO ADOPTION UNIT
Division of Children and Family Services
PO Box 83720
450 West State Street, 5th Floor
Boise, ID 83720
(208) 334-5697
dwellos@idhw.state.id.us
http://www.healthandwelfare.idaho.gov/?TabId=75

Compiled in April 2011.

Disclaimer: The state laws and policies outlined above are offered to readers only for general information and do not constitute legal advice. Furthermore, the state laws were accurate at the time of compilation, but Adoptive Families cannot guarantee that there have been no subsequent changes or revisions to the laws. Please do not rely on the information above without first consulting an adoption attorney licensed in your state.

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