Idaho Adoption Laws, Page 3
Consent Laws
Who Must Consent to an Adoption
Statute: § 16-1504- If the child was conceived in a marriage, by both parents or surviving parent
- If the child was born outside of marriage, then by the mother and the adjudicated biological father
- Any legally appointed custodian or guardian of the adopted person
- The agency that has been authorized to place the child
Age When Consent of Adoptee is Considered or Required
Statute: § 16-1504
- A child 12 years of age or older must consent to the adoption, unless he or she lacks the mental capacity to consent.
When Parental Consent is not Needed
Statute: §§ 16-1504; 16-2005
- A parent:
- Has had parental rights terminated
- Has abused, neglected, or abandoned the child
- Has caused the child to be conceived as a result of rape or incest
- Has killed child's other parent
- Has been incarcerated and has no possibility of parole
- Is not the natural parent
- Is unable to discharge parental responsibilities
- Has had parental rights terminated
When Consent Can Be Executed
Statute:- This issue is not addressed in statutes reviewed.
- By implication, consent may be executed any time after the birth of the child.
How Consent Must Be Executed
Statute: §§ 16-2005; 16-1506
- Consent must be executed before any authorized officer, district judge, or magistrate, on a form found in the Idaho Code.
Revocation of Consent
Statute: § 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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