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Difference between revisions of "Idaho"

(Created page with "=Adoption Laws= ==Consent to Adoption== '''Who Must Consent to an Adoption''' Citation: Ann. Stat. § 16-1504 Consent to adoption is required from: *Both parents or the surv...")
 
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*Both parents or the surviving parent of a child who was conceived or born within a marriage unless the child is age 18 or older
 
*Both parents or the surviving parent of a child who was conceived or born within a marriage unless the child is age 18 or older
 
*The mother of a child born outside of 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
+
*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
+
*An unmarried birth father who has established [[paternity]] of the child
 
*Any legally appointed custodian or guardian of the child
 
*Any legally appointed custodian or guardian of the child
*The guardian or conservator of an incapacitated adult, if one has been appointed
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*The guardian or [[conservator]] of an incapacitated adult, if one has been appointed
*The adopted person’s spouse, if any
+
*The [[adopted]] person’s spouse, if any
*The father of an illegitimate child who has adopted the child by acknowledgment
+
*The father of an illegitimate child who has [[adopted]] the child by acknowledgment
  
 
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.  
 
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'''
+
'''Consent of Child Being [[Adopted]]'''
 
Citation: Ann. Stat. § 16-1504
 
Citation: Ann. Stat. § 16-1504
  
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'''When Consent Can Be Executed'''
 
'''When Consent Can Be Executed'''
  
This issue is not addressed in the statutes reviewed.
+
This issue is not addressed in the [[statutes]] reviewed.
  
 
'''How Consent Must Be Executed'''
 
'''How Consent Must Be Executed'''
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Consent must be executed before any authorized officer, district judge, or magistrate, on a form found in the Idaho Code.  
 
Consent must be executed before any authorized officer, district judge, or magistrate, on a form found in the Idaho Code.  
  
'''Revocation of Consent'''
+
'''[[Revocation]] of Consent'''
 
Citation: Ann. Stat. § 16-1515
 
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.
+
If the parent revokes consent and petitions for [[custody]] of the child, the parent must reimburse the [[Adoptive Parents|adoptive parents]] for expenses paid.
  
 
==Criminal Background Checks for Prospective Foster and Adoptive Parents==
 
==Criminal Background Checks for Prospective Foster and Adoptive Parents==
'''Requirements for Foster Parents'''
+
'''Requirements for [[Foster Parents]]'''
 
Idaho Code § 39-1210; Admin. Code §§ 16.05.06.100; 16.05.06.210
 
Idaho Code § 39-1210; Admin. Code §§ 16.05.06.100; 16.05.06.210
 
   
 
   
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*FBI criminal history
 
*FBI criminal history
 
*National Crime Information Center
 
*National Crime Information Center
*Statewide child abuse register
+
*Statewide child [[abuse]] register
  
 
''In regulation'':All foster care applicants and other adult members of the household are required to complete a fingerprint-based criminal history and background check. An unconditional denial will be issued when the background reveals a conviction for a disqualifying crime:
 
''In regulation'':All foster care applicants and other adult members of the household are required to complete a fingerprint-based criminal history and background check. An unconditional denial will be issued when the background reveals a conviction for a disqualifying crime:
*Abuse, neglect, or exploitation of a vulnerable adult  
+
*[[Abuse]], [[neglect]], or exploitation of a vulnerable adult  
 
*Aggravated, first-degree, and second-degree arson
 
*Aggravated, first-degree, and second-degree arson
 
*Crimes against nature
 
*Crimes against nature
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*Felony stalking
 
*Felony stalking
 
*Sale or barter of a child
 
*Sale or barter of a child
*Sexual abuse or exploitation of a child
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*[[Sexual Abuse|Sexual abuse]] or exploitation of a child
 
*Video voyeurism
 
*Video voyeurism
 
*Enticing of children
 
*Enticing of children
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*Attempt, conspiracy, or aiding and abetting to commit any of the above
 
*Attempt, conspiracy, or aiding and abetting to commit any of the above
  
'''Requirements for Adoptive Parents'''
+
'''Requirements for [[Adoptive Parents]]'''
 
Idaho Code § 16-1506(3); Admin. Code §§ 16.05.06.100; 16.05.06.210
 
Idaho Code § 16-1506(3); Admin. Code §§ 16.05.06.100; 16.05.06.210
  
 
A social investigation is required for the prospective adoptive family and all of its members.  
 
A social investigation is required for the prospective adoptive family and all of its members.  
  
In regulation:All persons applying to the department or petitioning the court to be an adoptive parent and all adults in the home, except stepparents applying for adoption of a stepchild, are required to complete a fingerprint-based criminal history and background check. An unconditional denial shall be issued for any of the crimes listed above.
+
In regulation:All persons applying to the department or petitioning the court to be an [[Adoptive Parent|adoptive parent]] and all adults in the home, except stepparents applying for adoption of a stepchild, are required to complete a fingerprint-based criminal history and background check. An unconditional denial shall be issued for any of the crimes listed above.
  
 
==Grounds for Involuntary Termination of Parental Rights==
 
==Grounds for Involuntary Termination of Parental Rights==
'''Circumstances That Are Grounds for Termination of Parental Rights'''
+
'''Circumstances That Are Grounds for Termination of [[Parental Rights]]'''
 
Idaho Code § 16-2005
 
Idaho Code § 16-2005
  
The court may grant an order terminating parental rights when it finds that such termination is in the best interests of the child and that one or more of the following conditions exist:
+
The court may grant an order terminating [[Parental Rights|parental rights]] when it finds that such termination is in the best interests of the child and that one or more of the following conditions exist:
 
*The parent has abandoned the child.
 
*The parent has abandoned the child.
 
*The parent has neglected or abused the child.
 
*The parent has neglected or abused the child.
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*The parent is unable to discharge parental responsibilities, and such inability will continue for a prolonged indeterminate period and will be injurious to the health, morals, or well-being of the child.
 
*The parent is unable to discharge parental responsibilities, and such inability will continue for a prolonged indeterminate period and will be injurious to the health, morals, or well-being of the child.
 
*The parent has been incarcerated and is likely to remain incarcerated for a substantial period of time during the child’s minority.
 
*The parent has been incarcerated and is likely to remain incarcerated for a substantial period of time during the child’s minority.
*The parent caused the child to be conceived as a result of rape, incest, lewd conduct with a minor child under age 16, or sexual abuse of a child under age 16.
+
*The parent caused the child to be conceived as a result of rape, incest, lewd conduct with a minor child under age 16, or [[Sexual Abuse|sexual abuse]] of a child under age 16.
*The parent has subjected the child to torture, chronic abuse, or sexual abuse.
+
*The parent has subjected the child to torture, chronic [[abuse]], or [[Sexual Abuse|sexual abuse]].
 
*The parent has committed murder or intentionally killed the other parent of the child; has committed murder or voluntary manslaughter of another child; or has aided, abetted, conspired or solicited to commit such murder or voluntary manslaughter.
 
*The parent has committed murder or intentionally killed the other parent of the child; has committed murder or voluntary manslaughter of another child; or has aided, abetted, conspired or solicited to commit such murder or voluntary manslaughter.
 
*The parent has committed battery that resulted in serious bodily injury to a child.
 
*The parent has committed battery that resulted in serious bodily injury to a child.
 
*The court determines the child to be an abandoned infant, except in a parental termination action brought by one parent against another parent.
 
*The court determines the child to be an abandoned infant, except in a parental termination action brought by one parent against another parent.
  
'''Circumstances That Are Exceptions to Termination of Parental Rights'''
+
'''Circumstances That Are Exceptions to Termination of [[Parental Rights]]'''
 
Idaho Code §§ 16-2005; 16-1624
 
Idaho Code §§ 16-2005; 16-1624
  
 
If the parent has a disability, the parent shall have a right to provide evidence to the court regarding the manner in which adaptive equipment or supportive services will enable the parent to carry out parenting responsibilities.  
 
If the parent has a disability, the parent shall have a right to provide evidence to the court regarding the manner in which adaptive equipment or supportive services will enable the parent to carry out parenting responsibilities.  
  
If the child has been placed in the legal custody of the Department of Health and Welfare or under its protective supervision, the department may petition the court for termination of the parent and child relationship in accordance with chapter 20, title 16. Unless there are compelling reasons it would not be in the best interests of the child, the department shall be required to file a petition to terminate parental rights within 60 days of a judicial determination that an infant has been abandoned or that reasonable efforts are not required because the parent has subjected the child to aggravated circumstances. The department shall join as a party to a petition filed by another party, as well as to concurrently identify, recruit, process, and approve a qualified family for adoption, unless it is determined that such actions would not be in the best interests of the child or the child is placed with a fit and willing relative.  
+
If the child has been placed in the [[Legal Custody|legal custody]] of the Department of Health and Welfare or under its protective supervision, the department may petition the court for termination of the parent and child relationship in accordance with chapter 20, title 16. Unless there are compelling reasons it would not be in the best interests of the child, the department shall be required to file a petition to terminate [[Parental Rights|parental rights]] within 60 days of a judicial determination that an infant has been abandoned or that reasonable efforts are not required because the parent has subjected the child to aggravated circumstances. The department shall join as a party to a petition filed by another party, as well as to concurrently identify, recruit, process, and approve a qualified family for adoption, unless it is determined that such actions would not be in the best interests of the child or the child is placed with a fit and willing relative.  
  
'''Circumstances Allowing Reinstatement of Parental Rights'''
+
'''Circumstances Allowing Reinstatement of [[Parental Rights]]'''
  
This issue is not addressed in the statutes reviewed.
+
This issue is not addressed in the [[statutes]] reviewed.
  
 
==Home Study Requirements for Prospective Parents in Domestic Adoption==
 
==Home Study Requirements for Prospective Parents in Domestic Adoption==
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The social investigation may be performed by any individual who meets the requirements of the law.
 
The social investigation may be performed by any individual who meets the requirements of the law.
  
'''Qualifications for Adoptive Parents'''
+
'''Qualifications for [[Adoptive Parents]]'''
 
Citation: Ann. Code § 16-1502  
 
Citation: Ann. Code § 16-1502  
  
The person adopting a child must be at least 15 years older than the adopted child or age 25 or older.
+
The person adopting a child must be at least 15 years older than the [[adopted]] child or age 25 or older.
  
 
'''Elements of a Home Study'''
 
'''Elements of a Home Study'''
 
Citation: Admin. Code §§ 16.06.01.750, 762, 770; 16.05.06.100
 
Citation: Admin. Code §§ 16.06.01.750, 762, 770; 16.05.06.100
  
Initial interviews with groups of applicants or with individual families will be used to explain Department of Health and Welfare policies and procedures regarding adoptive placement, the kinds of children available, and the nature of the home study. Applicants will be screened to assess their suitability to care for a specific child or children in general.
+
Initial interviews with groups of applicants or with individual families will be used to explain Department of Health and Welfare [[policies]] and procedures regarding adoptive placement, the kinds of children available, and the nature of the home study. Applicants will be screened to assess their suitability to care for a specific child or children in general.
  
A full home study must then be made to determine the ability of the applicant to meet the needs of children available for adoption, and the specific characteristics of children the applicant indicates would be most suitably placed in the home. For an Indian child, the study also will determine the prevailing social and cultural standards of the Indian community in which the parent(s) or extended family resides or maintains social and cultural ties.
+
A full home study must then be made to determine the ability of the applicant to meet the needs of children available for adoption, and the specific characteristics of children the applicant indicates would be most suitably placed in the home. For an Indian child, the study also will determine the prevailing social and cultural standards of the Indian community in which the parent(s) or [[Extended Family|extended family]] resides or maintains social and cultural ties.
  
 
Preplacement home studies must document the following:
 
Preplacement home studies must document the following:
 
*Verification that the family has resided in the State for at 6 consecutive months prior to the filing of the petition
 
*Verification that the family has resided in the State for at 6 consecutive months prior to the filing of the petition
 
*Verification of the ages of the adopting parent(s)
 
*Verification of the ages of the adopting parent(s)
*A medical statement for each applicant, signed by a qualified medical professional, within the 12-month period prior to application to be an adoptive parent, indicating the applicant is in such physical and mental health so as to not adversely affect either the health or quality of care of the adopted child
+
*A medical statement for each applicant, signed by a qualified medical professional, within the 12-month period prior to application to be an [[Adoptive Parent|adoptive parent]], indicating the applicant is in such physical and mental health so as to not adversely affect either the health or quality of care of the [[adopted]] child
 
*At least three satisfactory references, one of which may be from a person related to the applicant
 
*At least three satisfactory references, one of which may be from a person related to the applicant
  
All persons applying to the department or petitioning the court to be an adoptive parent and all adults in the home, except stepparents applying for adoption of a stepchild, are required to complete a fingerprint-based criminal history and background check.
+
All persons applying to the department or petitioning the court to be an [[Adoptive Parent|adoptive parent]] and all adults in the home, except stepparents applying for adoption of a stepchild, are required to complete a fingerprint-based criminal history and background check.
  
 
'''Grounds for Withholding Approval'''
 
'''Grounds for Withholding Approval'''
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Following an initial interview, an applicant who does not appear to meet the department’s requirements may be denied a full home study.
 
Following an initial interview, an applicant who does not appear to meet the department’s requirements may be denied a full home study.
  
An applicant will not be approved as an adoptive parent when the person discloses or the criminal history and background check reveals a conviction for a disqualifying crime on his or her record for any of the crimes listed in regulation.
+
An applicant will not be approved as an [[Adoptive Parent|adoptive parent]] when the person discloses or the criminal history and background check reveals a conviction for a disqualifying crime on his or her record for any of the crimes listed in regulation.
  
 
'''When Studies Must Be Completed'''
 
'''When Studies Must Be Completed'''
 
Citation: Ann. Code § 16-1506; Admin. Code §§ 16.06.01.762, 764, 771
 
Citation: Ann. Code § 16-1506; Admin. Code §§ 16.06.01.762, 764, 771
  
A thorough social investigation must be completed prior to the placement of any child in the home of prospective adoptive parents. Once initiated, all studies shall be completed within 60 days.  
+
A thorough social investigation must be completed prior to the placement of any child in the home of prospective [[Adoptive Parents|adoptive parents]]. Once initiated, all studies shall be completed within 60 days.  
  
 
''In regulation'': Once the full adoptive home study has been initiated, it must be completed within 3 months.
 
''In regulation'': Once the full adoptive home study has been initiated, it must be completed within 3 months.
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Progress reports must be made at intervals not to exceed 30 days. These reports will include the family services worker’s observation of each child and the prospective adopting parent(s), with emphasis on:
 
Progress reports must be made at intervals not to exceed 30 days. These reports will include the family services worker’s observation of each child and the prospective adopting parent(s), with emphasis on:
*The special needs or circumstances of each child at time of placement
+
*The [[Special Needs|special needs]] or circumstances of each child at time of placement
 
*Services provided to each child and the family during the report period
 
*Services provided to each child and the family during the report period
 
*Services to be provided to each child and the family  
 
*Services to be provided to each child and the family  
*General appearance and adjustment of each child, including eating, sleep patterns, responsiveness, and bonding  
+
*General appearance and adjustment of each child, including eating, sleep patterns, responsiveness, and [[bonding]]
 
*Adjustment of each child to all of the following that apply: school, day care, and day treatment programs
 
*Adjustment of each child to all of the following that apply: school, day care, and day treatment programs
 
*Health and developmental progress
 
*Health and developmental progress
 
*Whether each child has been accepted for coverage on the family’s medical insurance, when coverage begins, and whether there will be any limitations or exclusions
 
*Whether each child has been accepted for coverage on the family’s medical insurance, when coverage begins, and whether there will be any limitations or exclusions
 
*The family’s adjustment to adoptive placement
 
*The family’s adjustment to adoptive placement
*Adoption assistance negotiations
+
*[[Adoption Assistance|Adoption assistance]] negotiations
 
*Changes in family situation or circumstances
 
*Changes in family situation or circumstances
*Areas of concern during the report period as addressed by each child and the adoptive parent(s)
+
*Areas of concern during the report period as addressed by each child and the [[Adoptive Parent|adoptive parent]](s)
  
'''Exceptions for Stepparent or Relative Adoptions'''
+
'''Exceptions for Stepparent or [[Relative Adoptions]]'''
 
Citation: Ann. Code §§ 16-1502; 16-1506  
 
Citation: Ann. Code §§ 16-1502; 16-1506  
  
 
Age restrictions or requirements do not apply when the adopting parent is a spouse of a natural parent.  
 
Age restrictions or requirements do not apply when the adopting parent is a spouse of a natural parent.  
  
When the prospective adoptive parent is married to the birth parent or is the grandparent of the adoptive child, the social investigation shall be completed with regard to the prospective adoptive parent only upon order of the court.
+
When the prospective [[Adoptive Parent|adoptive parent]] is married to the birth parent or is the grandparent of the adoptive child, the social investigation shall be completed with regard to the prospective [[Adoptive Parent|adoptive parent]] only upon order of the court.
  
 
'''Requirements for Interjurisdictional Placements'''
 
'''Requirements for Interjurisdictional Placements'''
 
Citation: Ann. Code § 16-2102; Admin. Code § 16.06.01.030
 
Citation: Ann. Code § 16-2102; Admin. Code § 16.06.01.030
  
Any out-of-home placement of a child outside the State is subject to the provisions of the Interstate Compact on the Placement of Children.
+
Any out-of-home placement of a child outside the State is subject to the provisions of the [[Interstate Compact]] on the Placement of Children.
  
 
The child shall not be sent into the receiving State until the appropriate public authorities in the receiving State notify the sending agency, in writing, that the proposed placement does not appear to be contrary to the interests of the child.
 
The child shall not be sent into the receiving State until the appropriate public authorities in the receiving State notify the sending agency, in writing, that the proposed placement does not appear to be contrary to the interests of the child.
  
''In regulation'': When necessary to encourage all possible positive contacts with family, including extended family, placement with family members or others who are outside the State of Idaho will be considered. On very rare occasions, the department may contract with a residential facility out of State if it best serves the needs of the child and is at a comparable cost to facilities within Idaho. When out-of-State placement is considered in the permanency planning for a child, such placement will be coordinated with the respective interstate compact administrator according to the provisions of the Interstate Compact on the Placement of Children. Placements must comply with all State and Federal laws.
+
''In regulation'': When necessary to encourage all possible positive contacts with family, including [[Extended Family|extended family]], placement with family members or others who are outside the State of Idaho will be considered. On very rare occasions, the department may contract with a residential facility out of State if it best serves the needs of the child and is at a comparable cost to facilities within Idaho. When out-of-State placement is considered in the [[Permanency Planning|permanency planning]] for a child, such placement will be coordinated with the respective [[Interstate Compact|interstate compact]] administrator according to the provisions of the [[Interstate Compact]] on the Placement of Children. Placements must comply with all State and Federal laws.
  
'''Foster to Adopt Placements'''
+
'''Foster to [[Adopt]] Placements'''
 
Citation: Admin. Code § 16.06.01.790
 
Citation: Admin. Code § 16.06.01.790
  
The procedure and requirements are the same for all adoptive applicants. This includes foster parents who want to be considered as adoptive parents for a child who has a plan of adoption. These requirements include compliance with the Indian Child Welfare Act, the Multi-Ethnic Placement Act of 1994, and the Interethnic Adoption Provisions of 1996.
+
The procedure and requirements are the same for all adoptive applicants. This includes [[Foster Parents|foster parents]] who want to be considered as [[Adoptive Parents|adoptive parents]] for a child who has a plan of adoption. These requirements include compliance with the [[Indian Child Welfare Act]], the [[Multi-Ethnic Placement Act of 1994]], and the Interethnic Adoption Provisions of 1996.
  
 
==Infant Safe Haven Laws==
 
==Infant Safe Haven Laws==
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Citation: Idaho Code § 39-8203
 
Citation: Idaho Code § 39-8203
  
A custodial parent may deliver the child to a safe haven provider.  
+
A [[Custodial Parent|custodial parent]] may deliver the child to a safe haven provider.  
  
 
'''Who May Receive the Infant'''
 
'''Who May Receive the Infant'''
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Citation: Idaho Code §§ 39-8203; 39-8204
 
Citation: Idaho Code §§ 39-8203; 39-8204
  
A safe haven shall take temporary physical custody of a child, without court order, if the child is personally delivered to a safe haven, provided that:
+
A safe haven shall take temporary physical [[custody]] of a child, without court order, if the child is personally delivered to a safe haven, provided that:
 
*The child is no more than 30 days old.
 
*The child is no more than 30 days old.
*The custodial parent delivers the child to the safe haven.
+
*The [[Custodial Parent|custodial parent]] delivers the child to the safe haven.
*The custodial parent does not express an intent to return for the child.  
+
*The [[Custodial Parent|custodial parent]] does not express an intent to return for the child.  
  
If a safe haven takes temporary physical custody of a child, the safe haven shall:
+
If a safe haven takes temporary physical [[custody]] of a child, the safe haven shall:
*Perform any act necessary, in accordance with generally accepted standards of professional practice, to protect, preserve, or aid the physical health and safety of the child during the temporary physical custody including, but not limited to, delivering the child to a hospital for care or treatment
+
*Perform any act necessary, in accordance with generally accepted standards of professional practice, to protect, preserve, or aid the physical health and safety of the child during the temporary physical [[custody]] including, but not limited to, delivering the child to a hospital for care or treatment
*Immediately notify a peace officer or other person appointed by the court of the abandonment
+
*Immediately notify a peace officer or other person appointed by the court of the [[abandonment]]
  
Upon notification by a safe haven that a child has been abandoned, a peace officer or other person appointed by the court shall take protective custody of the child and shall immediately deliver the child to the care, control, and custody of the Department of Health and Welfare. If the child requires further medical evaluation, care, or treatment, the child shall be left in the care of a hospital, and the peace officer shall notify the court and prosecutor of the action taken and the location of the child so that a shelter care hearing may be held.
+
Upon notification by a safe haven that a child has been abandoned, a peace officer or other person appointed by the court shall take protective [[custody]] of the child and shall immediately deliver the child to the care, control, and [[custody]] of the Department of Health and Welfare. If the child requires further medical evaluation, care, or treatment, the child shall be left in the care of a hospital, and the peace officer shall notify the court and prosecutor of the action taken and the location of the child so that a shelter care hearing may be held.
  
 
'''Immunity for the Provider'''
 
'''Immunity for the Provider'''
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A safe haven with responsibility for performing duties under this section and any employee, doctor, or other personnel working at the safe haven are immune from any civil or criminal liability that otherwise might result from their actions, if they are acting in good faith in receiving a child and performing duties under this section.
 
A safe haven with responsibility for performing duties under this section and any employee, doctor, or other personnel working at the safe haven are immune from any civil or criminal liability that otherwise might result from their actions, if they are acting in good faith in receiving a child and performing duties under this section.
  
A peace officer or other person appointed by the court who takes a child into custody under this section shall not be held liable, either criminally or civilly, unless the action of taking the child was exercised in bad faith or in violation of the provisions of this chapter.  
+
A peace officer or other person appointed by the court who takes a child into [[custody]] under this section shall not be held liable, either criminally or civilly, unless the action of taking the child was exercised in bad faith or in violation of the provisions of this chapter.  
  
 
'''Protection for Relinquishing Parent'''
 
'''Protection for Relinquishing Parent'''
 
Citation: Idaho Code §§ 39-8203; 39-8206
 
Citation: Idaho Code §§ 39-8203; 39-8206
  
The safe haven provider shall not inquire as to the identity of the custodial parent and, if the identity of a parent is known to the safe haven provider, the provider shall keep all information as to the parent’s identity confidential. The custodial parent leaving the child shall not be required to provide any information to the safe haven provider but may voluntarily provide information including, but not limited to, medical history of the parent(s) or the child.
+
The safe haven provider shall not inquire as to the identity of the [[Custodial Parent|custodial parent]] and, if the identity of a parent is known to the safe haven provider, the provider shall keep all information as to the parent’s identity confidential. The [[Custodial Parent|custodial parent]] leaving the child shall not be required to provide any information to the safe haven provider but may voluntarily provide information including, but not limited to, medical history of the parent(s) or the child.
  
A custodial parent may leave a child at a safe haven without being subjected to prosecution for abandonment, provided that the child was no more than 30 days old when he or she was left at the safe haven, as determined within a reasonable degree of medical certainty.  
+
A [[Custodial Parent|custodial parent]] may leave a child at a safe haven without being subjected to prosecution for [[abandonment]], provided that the child was no more than 30 days old when he or she was left at the safe haven, as determined within a reasonable degree of medical certainty.  
  
'''Effect on Parental Rights'''
+
'''Effect on [[Parental Rights]]'''
 
Citation: Idaho Code §§ 39-8204; 39-8205; 39-8206
 
Citation: Idaho Code §§ 39-8204; 39-8205; 39-8206
  
The Department of Health and Welfare shall place an abandoned child with a potential adoptive parent as soon as possible.
+
The Department of Health and Welfare shall place an abandoned child with a potential [[Adoptive Parent|adoptive parent]] as soon as possible.
  
The department shall file a petition for an adjudicatory hearing to vest legal custody in the department. A child protective investigation or criminal investigation shall not be initiated based on a claim of abandonment unless a claim of parental rights is made and the court orders the investigation.
+
The department shall file a petition for an adjudicatory hearing to vest [[Legal Custody|legal custody]] in the department. A child protective investigation or criminal investigation shall not be initiated based on a claim of [[abandonment]] unless a claim of [[Parental Rights|parental rights]] is made and the court orders the investigation.
  
During the initial 30-day period from the time the child was relinquished, law enforcement officials shall investigate through the missing children information clearinghouse and other State and national resources to ensure that the child is not a missing child. As soon as practicable following the 30-day period, the department shall petition to terminate the parental rights of the parent who abandoned the child.
+
During the initial 30-day period from the time the child was relinquished, law enforcement officials shall investigate through the missing children information clearinghouse and other State and national resources to ensure that the child is not a missing child. As soon as practicable following the 30-day period, the department shall petition to terminate the [[Parental Rights|parental rights]] of the parent who abandoned the child.
  
A parent of the child may make a claim of parental rights by filing a notice of claim of parental rights with the vital statistics unit of the Department of Health and Welfare. To be valid, a claim of parental rights must be filed before an order terminating parental rights is entered by the court. A parent who fails to file a claim of parental rights prior to entry of an order terminating his or her parental rights is deemed to have abandoned the child and waived and surrendered any right in relation to the child, including the right to notice of any judicial proceeding in connection with the termination of parental rights or adoption of the child.
+
A parent of the child may make a claim of [[Parental Rights|parental rights]] by filing a notice of claim of [[Parental Rights|parental rights]] with the vital statistics unit of the Department of Health and Welfare. To be valid, a claim of [[Parental Rights|parental rights]] must be filed before an order terminating [[Parental Rights|parental rights]] is entered by the court. A parent who fails to file a claim of [[Parental Rights|parental rights]] prior to entry of an order terminating his or her [[Parental Rights|parental rights]] is deemed to have abandoned the child and waived and surrendered any right in relation to the child, including the right to notice of any judicial proceeding in connection with the termination of [[Parental Rights|parental rights]] or adoption of the child.
  
 
==Regulation of Private Domestic Adoption Expenses==
 
==Regulation of Private Domestic Adoption Expenses==
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Citation: Ann. Code §§ 18-1511; 16-1515  
 
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.
+
A person or [[Adoption Agency|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.
+
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|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|adoptive parents]] in connection with the care and maintenance of the child while the child was living with the adoptive or prospective [[Adoptive Parents|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|adoptive parents]].
  
 
'''Birth Parent Expenses Not Allowed'''
 
'''Birth Parent Expenses Not Allowed'''
 
Citation: Ann. Code § 18-1511
 
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.  
+
Financial assistance may not be released to the birth parent in excess of $500 without prior approval from the court. A prospective [[Adoptive Parent|adoptive parent]], or another person acting on behalf of a prospective [[Adoptive Parent|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.  
 
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.  
Line 285: Line 285:
 
'''Allowable Payments for Arranging Adoption'''
 
'''Allowable Payments for Arranging Adoption'''
  
This issue is not addressed in the statutes reviewed.  
+
This issue is not addressed in the [[statutes]] reviewed.  
  
 
'''Allowable Payments for Relinquishing Child'''
 
'''Allowable Payments for Relinquishing Child'''
Line 295: Line 295:
 
Citation: Ann. Code § 16-1506; Admin. Code 16.06.01.832
 
Citation: Ann. Code § 16-1506; Admin. Code 16.06.01.832
  
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 of Health and Welfare to verify the allegations of the adoption petition and to prepare an investigative report. The Department of Health and Welfare or other children’s adoption agency may require the petitioner to pay all or any part of the costs of the investigation.
+
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 of Health and Welfare to verify the allegations of the [[Adoption Petition|adoption petition]] and to prepare an investigative report. The Department of Health and Welfare or other children’s [[Adoption Agency|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:  
 
''In regulation'': For adoptions through the department, fees are established in regulation, including:  
Line 304: Line 304:
 
Citation: Ann. Code § 18-1511
 
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.
+
All actual expenditures shall be presented by verified [[affidavit]] of counsel or the agency at the time of the adoption finalization.
  
 
==The Rights of Unmarried Fathers==
 
==The Rights of Unmarried Fathers==
Line 318: Line 318:
 
A ‘presumptive father’ is a man who is or was married to the birth mother and the child is born during the marriage or within 300 days after the marriage is terminated.
 
A ‘presumptive father’ is a man who is or was married to the birth mother 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.
+
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|adoptive parents]].
  
 
An ‘unmarried biological father,’ as used in this chapter and chapter 15, title 16, Idaho Code, means the biological father of a child who was not married to the child’s mother at the time the child was conceived or born.
 
An ‘unmarried biological father,’ as used in this chapter and chapter 15, title 16, Idaho Code, means the biological father of a child who was not married to the child’s mother at the time the child was conceived or born.
  
'''Paternity Registry'''
+
'''[[Paternity]] Registry'''
 
Ann. Stat. § 16-1513
 
Ann. Stat. § 16-1513
  
A person who is the father or claims to be the father of a child born out of wedlock may claim rights pertaining to his paternity of the child by commencing proceedings to establish paternity under § 7-1111 and by filing with the vital statistics unit of the Department of Health and Welfare notice of his commencement of proceedings. The form must be signed by the person claiming paternity and witnessed before a notary public.
+
A person who is the father or claims to be the father of a child born out of wedlock may claim rights pertaining to his [[paternity]] of the child by commencing proceedings to establish [[paternity]] under § 7-1111 and by filing with the vital statistics unit of the Department of Health and Welfare notice of his commencement of proceedings. The form must be signed by the person claiming [[paternity]] and witnessed before a notary public.
  
The notice of the commencement of paternity proceedings may be filed prior to the birth of the child but must be filed prior to the child’s placement for adoption. The vital statistics unit of the Department of Health and Welfare shall maintain a registry for this purpose.
+
The notice of the commencement of [[paternity]] proceedings may be filed prior to the birth of the child but must be filed prior to the child’s placement for adoption. The vital statistics unit of the Department of Health and Welfare shall maintain a registry for this purpose.
  
Any father of a child born out of wedlock who fails to file and register his notice of the commencement of paternity proceedings prior to the child’s placement for adoption or prior to the date of commencement of any proceeding to terminate the parental rights of the birth mother, whichever event occurs first, is deemed to have waived and surrendered all rights in relation to the child and shall be barred from thereafter bringing or maintaining any action to establish his paternity of the child.  
+
Any father of a child born out of wedlock who fails to file and register his notice of the commencement of [[paternity]] proceedings prior to the child’s placement for adoption or prior to the date of commencement of any proceeding to terminate the [[Parental Rights|parental rights]] of the birth mother, whichever event occurs first, is deemed to have waived and surrendered all rights in relation to the child and shall be barred from thereafter bringing or maintaining any action to establish his [[paternity]] of the child.  
  
'''Alternate Means to Establish Paternity'''
+
'''Alternate Means to Establish [[Paternity]]'''
 
Ann. Stat. § 7-1106
 
Ann. Stat. § 7-1106
  
A voluntary acknowledgment of paternity for an Idaho birth shall be admissible as evidence of paternity and shall constitute a legal finding of paternity upon the filing of a signed and notarized acknowledgment with the vital statistics unit of the Department of Health and Welfare. If the mother was married at the time of either conception or birth, or between conception and birth, and the husband is not the father of the child, the husband may file an executed and notarized affidavit of nonpaternity if it is accompanied by a voluntary acknowledgment of paternity signed and notarized by the mother and the alleged father.
+
A voluntary acknowledgment of [[paternity]] for an Idaho birth shall be admissible as evidence of [[paternity]] and shall constitute a legal finding of [[paternity]] upon the filing of a signed and notarized acknowledgment with the vital statistics unit of the Department of Health and Welfare. If the mother was married at the time of either conception or birth, or between conception and birth, and the husband is not the father of the child, the husband may file an executed and notarized [[affidavit]] of nonpaternity if it is accompanied by a voluntary acknowledgment of [[paternity]] signed and notarized by the mother and the alleged father.
  
The court may enter an order for the support of a child upon execution of a voluntary acknowledgment without further proceedings to establish paternity.  
+
The court may enter an order for the support of a child upon execution of a voluntary acknowledgment without further proceedings to establish [[paternity]].  
  
 
'''Required Information'''
 
'''Required Information'''
 
Ann. Stat. § 16-1513
 
Ann. Stat. § 16-1513
  
The notice of the commencement of paternity proceedings shall be signed by the person filing the notice and shall include:
+
The notice of the commencement of [[paternity]] proceedings shall be signed by the person filing the notice and shall include:
 
*His name and address
 
*His name and address
 
*The name and last address of the mother
 
*The name and last address of the mother
 
*Either the birth date of the child or the probable month and year of the expected birth of the child
 
*Either the birth date of the child or the probable month and year of the expected birth of the child
  
'''Revocation of Claim to Paternity'''
+
'''[[Revocation]] of Claim to [[Paternity]]'''
 
Ann. Stat. § 7-1106
 
Ann. Stat. § 7-1106
  
Any party executing an acknowledgment of paternity or affidavit of nonpaternity may file a notarized rescission of such with the vital statistics unit within the earlier of:
+
Any party executing an acknowledgment of [[paternity]] or [[affidavit]] of nonpaternity may file a notarized rescission of such with the vital statistics unit within the earlier of:
 
*60 days after the acknowledgment is filed  
 
*60 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
 
*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
Line 355: Line 355:
 
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.
 
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 paternity may be challenged only in court on the basis of 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.
+
After the period for rescission, an executed acknowledgment of [[paternity]] may be challenged only in court on the basis of 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'''
 
'''Access to Information'''
Line 370: Line 370:
 
This section is not intended to prohibit:
 
This section is not intended to prohibit:
 
*A licensed attorney from advertising his or her ability to practice or provide services related to the adoption of children
 
*A licensed attorney from advertising his or her ability to practice or provide services related to the adoption of children
*Physicians and other health-care providers from assisting or providing natural and adoptive parents with medical care necessary to initiate and complete adoptive placements
+
*Physicians and other health-care providers from assisting or providing natural and [[Adoptive Parents|adoptive parents]] with medical care necessary to initiate and complete adoptive placements
  
 
'''Use of Intermediaries/Facilitators'''
 
'''Use of Intermediaries/Facilitators'''
  
This issue is not addressed in the statutes reviewed.
+
This issue is not addressed in the [[statutes]] reviewed.
  
 
==Who May Adopt, Be Adopted, or Place a Child for Adoption?==
 
==Who May Adopt, Be Adopted, or Place a Child for Adoption?==
'''Who May Adopt'''
+
'''Who May [[Adopt]]'''
 
Citation: Ann. Code §§ 16-1501; 16-1502; 16-1503
 
Citation: Ann. Code §§ 16-1501; 16-1502; 16-1503
  
Any adult resident of Idaho may adopt, subject to specific provisions stipulated in statute. The person adopting a child, except the spouse of a natural parent, must be at least 15 years older than the adopted child or age 25 or older.
+
Any adult resident of Idaho may [[adopt]], subject to specific provisions stipulated in statute. The person adopting a child, except the spouse of a natural parent, must be at least 15 years older than the [[adopted]] child or age 25 or older.
  
 
If the adopting person is married, consent of the spouse is required.  
 
If the adopting person is married, consent of the spouse is required.  
  
'''Who May Be Adopted'''
+
'''Who May Be [[Adopted]]'''
 
Citation: Ann. Code § 16-1501
 
Citation: Ann. Code § 16-1501
  
Any minor child may be adopted.
+
Any minor child may be [[adopted]].
  
Any adult may be adopted when the adopting person has sustained the relationship of a parent for a period in excess of 1 year while the adopted person was still a minor, or if the court determines a substantial family relationship has been created.  
+
Any adult may be [[adopted]] when the adopting person has sustained the relationship of a parent for a period in excess of 1 year while the [[adopted]] person was still a minor, or if the court determines a substantial family relationship has been created.  
  
 
'''Who May Place a Child for Adoption'''
 
'''Who May Place a Child for Adoption'''
Line 405: Line 405:
 
Citation: Ann. Code § 39-259A
 
Citation: Ann. Code § 39-259A
  
Identifying information may be made available to:
+
[[Identifying Information|Identifying information]] may be made available to:
*The adult adopted person
+
*The adult [[adopted]] person
 
*The birth parents
 
*The birth parents
 
*Adult birth siblings
 
*Adult birth siblings
Line 413: Line 413:
 
Citation: Ann. Code § 16-1506
 
Citation: Ann. Code § 16-1506
  
A copy of all medical and genetic information compiled as part of the adoption investigation shall be made available to the adopting family by the department or other investigating children’s adoption agency prior to entry of the final order of adoption.
+
A copy of all medical and genetic information compiled as part of the adoption investigation shall be made available to the adopting family by the department or other investigating children’s [[Adoption Agency|adoption agency]] prior to entry of the final order of adoption.
  
'''Mutual Access to Identifying Information'''
+
'''Mutual Access to [[Identifying Information]]'''
 
Citation: Ann. Code § 39-259A
 
Citation: Ann. Code § 39-259A
  
The State Registrar of Vital Statistics shall establish and maintain a confidential list of qualified adult adopted persons, birth parents, or adult birth siblings who have consented to release of their identifying information. Any consent shall indicate the person’s desired method of notification in the event that a match occurs, and shall also indicate whether the applicant desires release of identifying information if a match occurs after his or her death. The applicant may revise his or her consent with respect to change of address or method of notification.  
+
The State Registrar of Vital Statistics shall establish and maintain a confidential list of qualified adult [[adopted]] persons, birth parents, or adult birth siblings who have consented to release of their [[Identifying Information|identifying information]]. Any consent shall indicate the person’s desired method of notification in the event that a match occurs, and shall also indicate whether the applicant desires release of [[Identifying Information|identifying information]] if a match occurs after his or her death. The applicant may revise his or her consent with respect to change of address or method of notification.  
  
A birth parent shall not be matched with an adult adopted person without the consent of the other birth parent unless:
+
A birth parent shall not be matched with an adult [[adopted]] person without the consent of the other birth parent unless:
 
*There is only one birth parent listed on the birth certificate.
 
*There is only one birth parent listed on the birth certificate.
 
*The other birth parent is deceased.
 
*The other birth parent is deceased.
Line 432: Line 432:
 
'''Where the Information Can Be Located'''
 
'''Where the Information Can Be Located'''
  
Idaho Voluntary Adoption Registry, Vital Records Section, Bureau of Vital Records and Health Statistics
+
Idaho [[Voluntary Adoption Registry]], Vital Records Section, Bureau of Vital Records and Health Statistics
  
 
==Intestate Inheritance Rights for Adopted Persons==
 
==Intestate Inheritance Rights for Adopted Persons==
'''Birth Parents in Relation to Adopted Person'''
+
'''Birth Parents in Relation to [[Adopted]] Person'''
 
Citation: Idaho Code §§ 16-1509; 15-2-109
 
Citation: Idaho Code §§ 16-1509; 15-2-109
  
Unless the decree of adoption otherwise provides, the birth parents of an adopted person are relieved of all parental duties and responsibilities toward the adopted person, including the right of inheritance unless specifically provided by will.
+
Unless the [[Decree of Adoption|decree of adoption]] otherwise provides, the birth parents of an [[adopted]] person are relieved of all parental duties and responsibilities toward the [[adopted]] person, including the right of inheritance unless specifically provided by will.
  
For purposes of intestate succession, an adopted person is the child of an adopting parent and not the birth parents except that the adoption of a child by the spouse of a birth parent has no effect on the relationship between the child and that birth parent, and adoption by the spouse of a birth parent has no effect on the relationship between the child and a deceased, undivorced birth parent.  
+
For purposes of intestate succession, an [[adopted]] person is the child of an adopting parent and not the birth parents except that the adoption of a child by the spouse of a birth parent has no effect on the relationship between the child and that birth parent, and adoption by the spouse of a birth parent has no effect on the relationship between the child and a deceased, undivorced birth parent.  
  
'''Adoptive Parents in Relation to Adopted Person'''
+
'''[[Adoptive Parents]] in Relation to [[Adopted]] Person'''
 
Citation: Idaho Code § 16-1508
 
Citation: Idaho Code § 16-1508
  
An adopted person and adopting parent shall sustain toward each other the legal relation of parent and child and shall have all the rights and duties of that relation, including the right to inherit.  
+
An [[adopted]] person and adopting parent shall sustain toward each other the legal relation of parent and child and shall have all the rights and duties of that relation, including the right to inherit.  
  
'''Adopted Persons Who Are Not Included in a Will'''
+
'''[[Adopted]] Persons Who Are Not Included in a Will'''
 
Citation: Idaho Code §§ 15-2-302; 15-2-611
 
Citation: Idaho Code §§ 15-2-302; 15-2-611
  
If a testator fails to provide in his or her will for any of his or her children adopted after the execution of his or her will, the omitted child receives a share in the estate equal in value to that which he or she would have received if the testator had died intestate unless:
+
If a testator fails to provide in his or her will for any of his or her children [[adopted]] after the execution of his or her will, the omitted child receives a share in the estate equal in value to that which he or she would have received if the testator had died intestate unless:
 
*It appears from the will that the omission was intentional.
 
*It appears from the will that the omission was intentional.
 
*When the will was executed, the testator had one or more children and gave substantially all his or her estate to the other parent of the omitted child.
 
*When the will was executed, the testator had one or more children and gave substantially all his or her estate to the other parent of the omitted child.
 
*The testator provided for the child by transfer outside the will with the intent that the transfer be in lieu of a testamentary provision.
 
*The testator provided for the child by transfer outside the will with the intent that the transfer be in lieu of a testamentary provision.
  
Adopted persons are included in class gift terminology and terms of relationship in accordance with rules for determining relationships for purposes of intestate succession.
+
[[Adopted]] persons are included in class gift terminology and terms of relationship in accordance with rules for determining relationships for purposes of intestate succession.
  
 
==Postadoption Contact Agreements Between Birth and Adoptive Families==
 
==Postadoption Contact Agreements Between Birth and Adoptive Families==
These issues are not addressed in the statutes reviewed.
+
These issues are not addressed in the [[statutes]] reviewed.
  
 
[[Category:U.S. Adoption Laws, by state]]
 
[[Category:U.S. Adoption Laws, by state]]
Line 472: Line 472:
 
Idaho Code § 16-1514A
 
Idaho Code § 16-1514A
  
When an Idaho resident adopts a child in a foreign country in accordance with the laws of the foreign country, and such adoption is recognized as full and final by the U.S. Government, such resident may file with a petition a copy of the decree, order, or certificate of adoption that evidences finalization of the adoption in the foreign country, together with a certified translation thereof if it is not in English, and proof of full and final adoption from the U.S. Government with the clerk of the court of any county in this State having jurisdiction over the person or persons filing such documents.
+
When an Idaho resident adopts a child in a foreign country in accordance with the laws of the foreign country, and such adoption is recognized as full and final by the U.S. Government, such resident may file with a petition a copy of the decree, order, or certificate of adoption that evidences finalization of the adoption in the foreign country, together with a certified translation thereof if it is not in English, and proof of full and final adoption from the U.S. Government with the clerk of the court of any county in this State having [[jurisdiction]] over the person or persons filing such documents.
  
 
The court shall assign a docket number and file and enter the documents referenced above with an order recognizing the foreign adoption without the necessity of a hearing. Such order, along with the final decree, order, or certificate from the foreign country, shall have the same force and effect as if a final order of adoption were granted in accordance with the provisions of this chapter.
 
The court shall assign a docket number and file and enter the documents referenced above with an order recognizing the foreign adoption without the necessity of a hearing. Such order, along with the final decree, order, or certificate from the foreign country, shall have the same force and effect as if a final order of adoption were granted in accordance with the provisions of this chapter.
  
When such order is filed and entered, the adoptive parents may request a report of adoption as provided in § 39-259.
+
When such order is filed and entered, the [[Adoptive Parents|adoptive parents]] may request a report of adoption as provided in § 39-259.
  
 
==Application for a U.S. Birth Certificate==
 
==Application for a U.S. Birth Certificate==
 
Idaho Code § 39-259(a)
 
Idaho Code § 39-259(a)
  
The State Registrar will, upon request, issue a new birth certificate for a foreign-born child who was adopted in a State court when it receives:
+
The State Registrar will, upon request, issue a new birth certificate for a foreign-born child who was [[adopted]] in a State court when it receives:
 
*A report that identifies the adoption order, contains evidence as to the true or probable date and place of birth and parentage of the adoptee, provides information necessary to establish a new birth certificate for an adoptee, and is certified by the clerk of the court
 
*A report that identifies the adoption order, contains evidence as to the true or probable date and place of birth and parentage of the adoptee, provides information necessary to establish a new birth certificate for an adoptee, and is certified by the clerk of the court
*A request by the court decreeing the adoption, the adoptive parents, or the adoptee
+
*A request by the court decreeing the adoption, the [[Adoptive Parents|adoptive parents]], or the adoptee
 
The certificate will show:
 
The certificate will show:
 
*The true or probable date and foreign country of birth as established by the court and shown on the court report of adoption
 
*The true or probable date and foreign country of birth as established by the court and shown on the court report of adoption
Line 493: Line 493:
 
All records, files, and information of any court in this State relating to the adoption proceedings other than the new birth certificate will be sealed except as provided by court order or statute.
 
All records, files, and information of any court in this State relating to the adoption proceedings other than the new birth certificate will be sealed except as provided by court order or statute.
  
==References==
+
==Source==
  
{{reflist}}
+
Child Welfare Information Gateway.  U.S. Department of Health and Human Services Administration for Children and Families.  [https://www.childwelfare.gov/adoption/laws/domestic.cfm#sss]
  
==Sources==
+
==References==
 
+
'''Child Welfare Information Gateway.''' "State Recognition of Intercountry Adoptions Finalized Abroad." State Statute Series.  [https://www.childwelfare.gov/systemwide/laws_policies/statutes/intercountry.cfm]
+
Published 2011.
+
 
+
'''Child Welfare Information Gateway.''' "Collection of Family Information About Adopted Persons and Their Birth Families."  [https://www.childwelfare.gov/adoption/laws/domestic.cfm]
+
Published 2012
+
 
+
'''Child Welfare Information Gateway.''' "Consent to Adoption."  [https://www.childwelfare.gov/adoption/laws/domestic.cfm]
+
Published 2013
+
 
+
'''Child Welfare Information Gateway.''' "Criminal Background Checks for Prospective Foster and Adoptive Parents."  [https://www.childwelfare.gov/adoption/laws/domestic.cfm]
+
Published 2011j
+
 
+
'''Child Welfare Information Gateway.''' "Grounds for Involuntary Termination of Parental Rights."  [https://www.childwelfare.gov/adoption/laws/domestic.cfm]
+
Published 2013
+
 
+
'''Child Welfare Information Gateway.''' "Home Study Requirements for Prospective Parents in Domestic Adoption."  [https://www.childwelfare.gov/adoption/laws/domestic.cfm]  Washington, DC: US Department of Health and Human Services, Children's Bureau. 
+
Published 2012
+
 
+
'''Child Welfare Information Gateway.''' "Infant Safe Haven Laws."  [https://www.childwelfare.gov/adoption/laws/domestic.cfm]  Washington, DC: US Department of Health and Human Services, Children's Bureau. 
+
Published 2013
+
 
+
'''Child Welfare Information Gateway.''' "Regulation of Private Domestic Adoption Expenses."  [https://www.childwelfare.gov/adoption/laws/domestic.cfm] Washington, DC: US Department of Health and Human Services, Children's Bureau. 
+
Published 2013
+
 
+
'''Child Welfare Information Gateway.''' "The Rights of Unmarried Fathers."  Washington, DC: US Department of Health and Human Services, Children's Bureau.  [https://www.childwelfare.gov/adoption/laws/domestic.cfm]
+
Published 2010
+
  
'''Child Welfare Information Gateway.''' "Use of Advertising and Facilitators in Adoptive Placements."  Washington, DC: US Department of Health and Human Services, Children's Bureau.  [https://www.childwelfare.gov/adoption/laws/domestic.cfm]
+
<references>
Published 2012
+
  
'''Child Welfare Information Gateway.''' "Who May Adopt, Be Adopted, or Place a Child for Adoption?."  Washington, DC: US Department of Health and Human Services, Children's Bureau.  [https://www.childwelfare.gov/adoption/laws/domestic.cfm]
+
[[Category: U.S. Adoption Laws]]
Published 2012
+

Revision as of 17:41, 15 April 2014

Adoption Laws

Consent to Adoption

Who Must Consent to an Adoption Citation: Ann. Stat. § 16-1504

Consent to adoption is required from:

  • Both parents or the surviving parent of a child who was conceived or born within a marriage unless the child is age 18 or older
  • 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 guardian or conservator of an incapacitated adult, if one has been appointed
  • The adopted person’s spouse, if any
  • The father of an illegitimate child who has adopted the child by acknowledgment

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 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

Consent must be executed before any authorized officer, district judge, or magistrate, on a form found in the Idaho Code.

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.

Criminal Background Checks for Prospective Foster and Adoptive Parents

Requirements for Foster Parents Idaho Code § 39-1210; Admin. Code §§ 16.05.06.100; 16.05.06.210

The department shall obtain a criminal history check on the owners, operators, and employees of all children’s residential care facilities. The criminal history check shall include information from the following:

  • Statewide criminal identification bureau
  • FBI criminal history
  • National Crime Information Center
  • Statewide child abuse register

In regulation:All foster care applicants and other adult members of the household are required to complete a fingerprint-based criminal history and background check. An unconditional denial will be issued when the background reveals a conviction for a disqualifying crime:

  • Abuse, neglect, or exploitation of a vulnerable adult
  • Aggravated, first-degree, and second-degree arson
  • Crimes against nature
  • Forcible sexual penetration by use of a foreign object
  • Incest
  • Injury to a child
  • Kidnapping
  • Lewd conduct with a minor
  • Mayhem
  • Murder, voluntary manslaughter, assault, or battery with intent to commit a serious felony
  • Poisoning
  • Possession of sexually exploitative material
  • Rape
  • Robbery
  • Felony stalking
  • Sale or barter of a child
  • Sexual abuse or exploitation of a child
  • Video voyeurism
  • Enticing of children
  • Inducing individuals under age 18 into prostitution or patronizing a prostitute
  • Any felony punishable by death or life imprisonment
  • Attempt or conspiracy to commit any of the above

The department will issue an unconditional denial for conviction of the following crimes within the previous 5 years:

  • Aggravated assault
  • Aggravated battery
  • Arson in the third degree
  • Burglary
  • A felony involving a controlled substance
  • Felony or grand theft
  • Forgery, counterfeiting, or fraudulent use of a financial transaction card
  • Insurance or public assistance fraud
  • Attempt, conspiracy, or aiding and abetting to commit any of the above

Requirements for Adoptive Parents Idaho Code § 16-1506(3); Admin. Code §§ 16.05.06.100; 16.05.06.210

A social investigation is required for the prospective adoptive family and all of its members.

In regulation:All persons applying to the department or petitioning the court to be an adoptive parent and all adults in the home, except stepparents applying for adoption of a stepchild, are required to complete a fingerprint-based criminal history and background check. An unconditional denial shall be issued for any of the crimes listed above.

Grounds for Involuntary Termination of Parental Rights

Circumstances That Are Grounds for Termination of Parental Rights Idaho Code § 16-2005

The court may grant an order terminating parental rights when it finds that such termination is in the best interests of the child and that one or more of the following conditions exist:

  • The parent has abandoned the child.
  • The parent has neglected or abused the child.
  • The presumptive parent is not the biological parent of the child.
  • The parent is unable to discharge parental responsibilities, and such inability will continue for a prolonged indeterminate period and will be injurious to the health, morals, or well-being of the child.
  • The parent has been incarcerated and is likely to remain incarcerated for a substantial period of time during the child’s minority.
  • The parent caused the child to be conceived as a result of rape, incest, lewd conduct with a minor child under age 16, or sexual abuse of a child under age 16.
  • The parent has subjected the child to torture, chronic abuse, or sexual abuse.
  • The parent has committed murder or intentionally killed the other parent of the child; has committed murder or voluntary manslaughter of another child; or has aided, abetted, conspired or solicited to commit such murder or voluntary manslaughter.
  • The parent has committed battery that resulted in serious bodily injury to a child.
  • The court determines the child to be an abandoned infant, except in a parental termination action brought by one parent against another parent.

Circumstances That Are Exceptions to Termination of Parental Rights Idaho Code §§ 16-2005; 16-1624

If the parent has a disability, the parent shall have a right to provide evidence to the court regarding the manner in which adaptive equipment or supportive services will enable the parent to carry out parenting responsibilities.

If the child has been placed in the legal custody of the Department of Health and Welfare or under its protective supervision, the department may petition the court for termination of the parent and child relationship in accordance with chapter 20, title 16. Unless there are compelling reasons it would not be in the best interests of the child, the department shall be required to file a petition to terminate parental rights within 60 days of a judicial determination that an infant has been abandoned or that reasonable efforts are not required because the parent has subjected the child to aggravated circumstances. The department shall join as a party to a petition filed by another party, as well as to concurrently identify, recruit, process, and approve a qualified family for adoption, unless it is determined that such actions would not be in the best interests of the child or the child is placed with a fit and willing relative.

Circumstances Allowing Reinstatement of Parental Rights

This issue is not addressed in the statutes reviewed.

Home Study Requirements for Prospective Parents in Domestic Adoption

Who Must Be Studied Citation: Ann. Code § 16-1506

The investigation must include the prospective adoptive family and all of its members.

Agency or Person Conducting the Study Citation: Ann. Code § 16-1506

The social investigation may be performed by any individual who meets the requirements of the law.

Qualifications for Adoptive Parents Citation: Ann. Code § 16-1502

The person adopting a child must be at least 15 years older than the adopted child or age 25 or older.

Elements of a Home Study Citation: Admin. Code §§ 16.06.01.750, 762, 770; 16.05.06.100

Initial interviews with groups of applicants or with individual families will be used to explain Department of Health and Welfare policies and procedures regarding adoptive placement, the kinds of children available, and the nature of the home study. Applicants will be screened to assess their suitability to care for a specific child or children in general.

A full home study must then be made to determine the ability of the applicant to meet the needs of children available for adoption, and the specific characteristics of children the applicant indicates would be most suitably placed in the home. For an Indian child, the study also will determine the prevailing social and cultural standards of the Indian community in which the parent(s) or extended family resides or maintains social and cultural ties.

Preplacement home studies must document the following:

  • Verification that the family has resided in the State for at 6 consecutive months prior to the filing of the petition
  • Verification of the ages of the adopting parent(s)
  • A medical statement for each applicant, signed by a qualified medical professional, within the 12-month period prior to application to be an adoptive parent, indicating the applicant is in such physical and mental health so as to not adversely affect either the health or quality of care of the adopted child
  • At least three satisfactory references, one of which may be from a person related to the applicant

All persons applying to the department or petitioning the court to be an adoptive parent and all adults in the home, except stepparents applying for adoption of a stepchild, are required to complete a fingerprint-based criminal history and background check.

Grounds for Withholding Approval Citation: Admin. Code §§ 16.06.01.761; 16.05.06.210

Following an initial interview, an applicant who does not appear to meet the department’s requirements may be denied a full home study.

An applicant will not be approved as an adoptive parent when the person discloses or the criminal history and background check reveals a conviction for a disqualifying crime on his or her record for any of the crimes listed in regulation.

When Studies Must Be Completed Citation: Ann. Code § 16-1506; Admin. Code §§ 16.06.01.762, 764, 771

A thorough social investigation must be completed prior to the placement of any child in the home of prospective adoptive parents. Once initiated, all studies shall be completed within 60 days.

In regulation: Once the full adoptive home study has been initiated, it must be completed within 3 months.

Upon application by a potential adoptive family, the family services worker will conduct the preplacement adoptive home study and issue the verification of positive recommendation where appropriate. The home study must be completed prior to placement of any child for adoption in that home.

An adoptive home study must be updated on an annual basis. A current home study is defined as a home study completed within the previous 12 months.

Postplacement Study Requirements Citation: Admin. Code §§ 16.06.01.860; 16.06.01.861

Following the adoptive placement, a period of support and supervision by the department lasting at least 6 months must be completed prior to the finalization of the adoption. In situations where a foster family has a significant relationship with a child and the child has been placed in their home for at least the past 6 months, the supervisory period may be reduced to a minimum of 3 months. The family services worker will make scheduled visits to the home at least monthly during this period to assist the child and the family in their adjustment to each other and will update the child’s permanent record by means of monthly progress reports.

Progress reports must be made at intervals not to exceed 30 days. These reports will include the family services worker’s observation of each child and the prospective adopting parent(s), with emphasis on:

  • The special needs or circumstances of each child at time of placement
  • Services provided to each child and the family during the report period
  • Services to be provided to each child and the family
  • General appearance and adjustment of each child, including eating, sleep patterns, responsiveness, and bonding
  • Adjustment of each child to all of the following that apply: school, day care, and day treatment programs
  • Health and developmental progress
  • Whether each child has been accepted for coverage on the family’s medical insurance, when coverage begins, and whether there will be any limitations or exclusions
  • The family’s adjustment to adoptive placement
  • Adoption assistance negotiations
  • Changes in family situation or circumstances
  • Areas of concern during the report period as addressed by each child and the adoptive parent(s)

Exceptions for Stepparent or Relative Adoptions Citation: Ann. Code §§ 16-1502; 16-1506

Age restrictions or requirements do not apply when the adopting parent is a spouse of a natural parent.

When the prospective adoptive parent is married to the birth parent or is the grandparent of the adoptive child, the social investigation shall be completed with regard to the prospective adoptive parent only upon order of the court.

Requirements for Interjurisdictional Placements Citation: Ann. Code § 16-2102; Admin. Code § 16.06.01.030

Any out-of-home placement of a child outside the State is subject to the provisions of the Interstate Compact on the Placement of Children.

The child shall not be sent into the receiving State until the appropriate public authorities in the receiving State notify the sending agency, in writing, that the proposed placement does not appear to be contrary to the interests of the child.

In regulation: When necessary to encourage all possible positive contacts with family, including extended family, placement with family members or others who are outside the State of Idaho will be considered. On very rare occasions, the department may contract with a residential facility out of State if it best serves the needs of the child and is at a comparable cost to facilities within Idaho. When out-of-State placement is considered in the permanency planning for a child, such placement will be coordinated with the respective interstate compact administrator according to the provisions of the Interstate Compact on the Placement of Children. Placements must comply with all State and Federal laws.

Foster to Adopt Placements Citation: Admin. Code § 16.06.01.790

The procedure and requirements are the same for all adoptive applicants. This includes foster parents who want to be considered as adoptive parents for a child who has a plan of adoption. These requirements include compliance with the Indian Child Welfare Act, the Multi-Ethnic Placement Act of 1994, and the Interethnic Adoption Provisions of 1996.

Infant Safe Haven Laws

Infant’s Age Citation: Idaho Code § 39-8203

A child who is no more than 30 days old may be delivered to a safe haven provider.

Who May Relinquish the Infant Citation: Idaho Code § 39-8203

A custodial parent may deliver the child to a safe haven provider.

Who May Receive the Infant Citation: Idaho Code § 39-8202

Safe haven providers include:

  • Licensed hospitals
  • Licensed physicians and staff working at their offices and clinics
  • Advanced practice professional nurses, including certified nurse-midwives, clinical nurse specialists, nurse practitioners, and certified registered nurse anesthetists
  • Licensed physician assistants
  • Medical personnel certified as first responders, emergency medical technicians, and paramedics

Responsibilities of the Safe Haven Provider Citation: Idaho Code §§ 39-8203; 39-8204

A safe haven shall take temporary physical custody of a child, without court order, if the child is personally delivered to a safe haven, provided that:

  • The child is no more than 30 days old.
  • The custodial parent delivers the child to the safe haven.
  • The custodial parent does not express an intent to return for the child.

If a safe haven takes temporary physical custody of a child, the safe haven shall:

  • Perform any act necessary, in accordance with generally accepted standards of professional practice, to protect, preserve, or aid the physical health and safety of the child during the temporary physical custody including, but not limited to, delivering the child to a hospital for care or treatment
  • Immediately notify a peace officer or other person appointed by the court of the abandonment

Upon notification by a safe haven that a child has been abandoned, a peace officer or other person appointed by the court shall take protective custody of the child and shall immediately deliver the child to the care, control, and custody of the Department of Health and Welfare. If the child requires further medical evaluation, care, or treatment, the child shall be left in the care of a hospital, and the peace officer shall notify the court and prosecutor of the action taken and the location of the child so that a shelter care hearing may be held.

Immunity for the Provider Citation: Idaho Code §§ 39-8203; 39-8204

A safe haven with responsibility for performing duties under this section and any employee, doctor, or other personnel working at the safe haven are immune from any civil or criminal liability that otherwise might result from their actions, if they are acting in good faith in receiving a child and performing duties under this section.

A peace officer or other person appointed by the court who takes a child into custody under this section shall not be held liable, either criminally or civilly, unless the action of taking the child was exercised in bad faith or in violation of the provisions of this chapter.

Protection for Relinquishing Parent Citation: Idaho Code §§ 39-8203; 39-8206

The safe haven provider shall not inquire as to the identity of the custodial parent and, if the identity of a parent is known to the safe haven provider, the provider shall keep all information as to the parent’s identity confidential. The custodial parent leaving the child shall not be required to provide any information to the safe haven provider but may voluntarily provide information including, but not limited to, medical history of the parent(s) or the child.

A custodial parent may leave a child at a safe haven without being subjected to prosecution for abandonment, provided that the child was no more than 30 days old when he or she was left at the safe haven, as determined within a reasonable degree of medical certainty.

Effect on Parental Rights Citation: Idaho Code §§ 39-8204; 39-8205; 39-8206

The Department of Health and Welfare shall place an abandoned child with a potential adoptive parent as soon as possible.

The department shall file a petition for an adjudicatory hearing to vest legal custody in the department. A child protective investigation or criminal investigation shall not be initiated based on a claim of abandonment unless a claim of parental rights is made and the court orders the investigation.

During the initial 30-day period from the time the child was relinquished, law enforcement officials shall investigate through the missing children information clearinghouse and other State and national resources to ensure that the child is not a missing child. As soon as practicable following the 30-day period, the department shall petition to terminate the parental rights of the parent who abandoned the child.

A parent of the child may make a claim of parental rights by filing a notice of claim of parental rights with the vital statistics unit of the Department of Health and Welfare. To be valid, a claim of parental rights must be filed before an order terminating parental rights is entered by the court. A parent who fails to file a claim of parental rights prior to entry of an order terminating his or her parental rights is deemed to have abandoned the child and waived and surrendered any right in relation to the child, including the right to notice of any judicial proceeding in connection with the termination of parental rights or adoption of the child.

Regulation of Private Domestic Adoption Expenses

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 16.06.01.832

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 of Health and Welfare to verify the allegations of the adoption petition and to prepare an investigative report. The Department of Health and Welfare 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:

  • Preplacement home study: $450
  • Placement supervision: $300

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.

The Rights of Unmarried Fathers

Legal Definition of Father Ann. Stat. § 16-2002

The term ‘parent’ means:

  • The birth mother or the adoptive mother
  • The adoptive father
  • The biological father of a child conceived or born during the father’s marriage to the birth mother
  • The unmarried biological father whose consent to an adoption of the child is required pursuant to § 16-1504

A ‘presumptive father’ is a man who is or was married to the birth mother 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 father of a child who was not married to the child’s mother at the time the child was conceived or born.

Paternity Registry Ann. Stat. § 16-1513

A person who is the father or claims to be the father of a child born out of wedlock may claim rights pertaining to his paternity of the child by commencing proceedings to establish paternity under § 7-1111 and by filing with the vital statistics unit of the Department of Health and Welfare notice of his commencement of proceedings. The form must be signed by the person claiming paternity and witnessed before a notary public.

The notice of the commencement of paternity proceedings may be filed prior to the birth of the child but must be filed prior to the child’s placement for adoption. The vital statistics unit of the Department of Health and Welfare shall maintain a registry for this purpose.

Any father of a child born out of wedlock who fails to file and register his notice of the commencement of paternity proceedings prior to the child’s placement for adoption or prior to the date of commencement of any proceeding to terminate the parental rights of the birth mother, whichever event occurs first, is deemed to have waived and surrendered all rights in relation to the child and shall be barred from thereafter bringing or maintaining any action to establish his paternity of the child.

Alternate Means to Establish Paternity Ann. Stat. § 7-1106

A voluntary acknowledgment of paternity for an Idaho birth shall be admissible as evidence of paternity and shall constitute a legal finding of paternity upon the filing of a signed and notarized acknowledgment with the vital statistics unit of the Department of Health and Welfare. If the mother was married at the time of either conception or birth, or between conception and birth, and the husband is not the father of the child, the husband may file an executed and notarized affidavit of nonpaternity if it is accompanied by a voluntary acknowledgment of paternity signed and notarized by the mother and the alleged father.

The court may enter an order for the support of a child upon execution of a voluntary acknowledgment without further proceedings to establish paternity.

Required Information Ann. Stat. § 16-1513

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

  • His name and address
  • The name and last address of the mother
  • Either the birth date of the child or the probable month and year of the expected birth of the child

Revocation of Claim to Paternity Ann. Stat. § 7-1106

Any party executing an acknowledgment of paternity or affidavit of nonpaternity may file a notarized rescission of such with the vital statistics unit within the earlier of:

  • 60 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 paternity may be challenged only in court on the basis of 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 Ann. Stat. § 16-1513

The identities of putative fathers can only be released pursuant to procedures contained in chapter 3, title 9, Idaho Code.

Use of Advertising and Facilitators in Adoptive Placements

Use of Advertisement Citation: Ann. Code § 18-1512A

No person or entity shall publish or broadcast on radio or television an advertisement or notice of a child or children offered or wanted for adoption, or claim through such advertisement to have the ability to place, locate, dispose, or receive a child or children for adoption, unless the person or entity is a duly authorized agent or employee of the Department of Health and Welfare or an institution licensed by the department to care for and place children.

This section is not intended to prohibit:

  • A licensed attorney from advertising his or her ability to practice or provide services related to the adoption of children
  • Physicians and other health-care providers from assisting or providing natural and adoptive parents with medical care necessary to initiate and complete adoptive placements

Use of Intermediaries/Facilitators

This issue is not addressed in the statutes reviewed.

Who May Adopt, Be Adopted, or Place a Child for Adoption?

Who May Adopt Citation: Ann. Code §§ 16-1501; 16-1502; 16-1503

Any adult resident of Idaho may adopt, subject to specific provisions stipulated in statute. The person adopting a child, except the spouse of a natural parent, must be at least 15 years older than the adopted child or age 25 or older.

If the adopting person is married, consent of the spouse is required.

Who May Be Adopted Citation: Ann. Code § 16-1501

Any minor child may be adopted.

Any adult may be adopted when the adopting person has sustained the relationship of a parent for a period in excess of 1 year while the adopted person was still a minor, or if the court determines a substantial family relationship has been created.

Who May Place a Child for Adoption Citation: Ann. Code § 16-1504

The following persons may consent to the adoptive placement:

  • The parent
  • Any legally appointed custodian or guardian of the child
  • A licensed child-placing agency

Post-Adoption Laws

Access to Adoption Records

Who May Access Information Citation: Ann. Code § 39-259A

Identifying information may be made available to:

  • The adult adopted person
  • The birth parents
  • Adult birth siblings

Access to Nonidentifying Information Citation: Ann. Code § 16-1506

A copy of all medical and genetic information compiled as part of the adoption investigation shall be made available to the adopting family by the department or other investigating children’s adoption agency prior to entry of the final order of adoption.

Mutual Access to Identifying Information Citation: Ann. Code § 39-259A

The State Registrar of Vital Statistics shall establish and maintain a confidential list of qualified adult adopted persons, birth parents, or adult birth siblings who have consented to release of their identifying information. Any consent shall indicate the person’s desired method of notification in the event that a match occurs, and shall also indicate whether the applicant desires release of identifying information if a match occurs after his or her death. The applicant may revise his or her consent with respect to change of address or method of notification.

A birth parent shall not be matched with an adult adopted person without the consent of the other birth parent unless:

  • There is only one birth parent listed on the birth certificate.
  • The other birth parent is deceased.
  • The other birth parent cannot be found by the Department of Health and Welfare or by a licensed child-placing agency.

Access to Original Birth Certificate Citation: Ann. Code § 39-258

The original birth certificate is available upon a court order or, in accordance with § 39-259A, when all parties have consented through the State adoption registry.

Where the Information Can Be Located

Idaho Voluntary Adoption Registry, Vital Records Section, Bureau of Vital Records and Health Statistics

Intestate Inheritance Rights for Adopted Persons

Birth Parents in Relation to Adopted Person Citation: Idaho Code §§ 16-1509; 15-2-109

Unless the decree of adoption otherwise provides, the birth parents of an adopted person are relieved of all parental duties and responsibilities toward the adopted person, including the right of inheritance unless specifically provided by will.

For purposes of intestate succession, an adopted person is the child of an adopting parent and not the birth parents except that the adoption of a child by the spouse of a birth parent has no effect on the relationship between the child and that birth parent, and adoption by the spouse of a birth parent has no effect on the relationship between the child and a deceased, undivorced birth parent.

Adoptive Parents in Relation to Adopted Person Citation: Idaho Code § 16-1508

An adopted person and adopting parent shall sustain toward each other the legal relation of parent and child and shall have all the rights and duties of that relation, including the right to inherit.

Adopted Persons Who Are Not Included in a Will Citation: Idaho Code §§ 15-2-302; 15-2-611

If a testator fails to provide in his or her will for any of his or her children adopted after the execution of his or her will, the omitted child receives a share in the estate equal in value to that which he or she would have received if the testator had died intestate unless:

  • It appears from the will that the omission was intentional.
  • When the will was executed, the testator had one or more children and gave substantially all his or her estate to the other parent of the omitted child.
  • The testator provided for the child by transfer outside the will with the intent that the transfer be in lieu of a testamentary provision.

Adopted persons are included in class gift terminology and terms of relationship in accordance with rules for determining relationships for purposes of intestate succession.

Postadoption Contact Agreements Between Birth and Adoptive Families

These issues are not addressed in the statutes reviewed.

Laws Related to Intercountry Adoption

Effect and Recognition of a Foreign Adoption Decree

Idaho Code § 16-1514(4)

The decisions and orders of foreign courts and government agencies authorized to approve adoptions shall be accorded judicial comity or the same full faith and credit accorded a judgment of a sister State without additional proceedings or documentation, provided the U.S. Department of State or the U.S. Department of Homeland Security has allowed the child to enter the United States.

Readoption After an Intercountry Adoption

Idaho Code § 16-1514A

When an Idaho resident adopts a child in a foreign country in accordance with the laws of the foreign country, and such adoption is recognized as full and final by the U.S. Government, such resident may file with a petition a copy of the decree, order, or certificate of adoption that evidences finalization of the adoption in the foreign country, together with a certified translation thereof if it is not in English, and proof of full and final adoption from the U.S. Government with the clerk of the court of any county in this State having jurisdiction over the person or persons filing such documents.

The court shall assign a docket number and file and enter the documents referenced above with an order recognizing the foreign adoption without the necessity of a hearing. Such order, along with the final decree, order, or certificate from the foreign country, shall have the same force and effect as if a final order of adoption were granted in accordance with the provisions of this chapter.

When such order is filed and entered, the adoptive parents may request a report of adoption as provided in § 39-259.

Application for a U.S. Birth Certificate

Idaho Code § 39-259(a)

The State Registrar will, upon request, issue a new birth certificate for a foreign-born child who was adopted in a State court when it receives:

  • A report that identifies the adoption order, contains evidence as to the true or probable date and place of birth and parentage of the adoptee, provides information necessary to establish a new birth certificate for an adoptee, and is certified by the clerk of the court
  • A request by the court decreeing the adoption, the adoptive parents, or the adoptee

The certificate will show:

  • The true or probable date and foreign country of birth as established by the court and shown on the court report of adoption
  • The child's new name as stated in the report of adoption
  • Any other necessary facts as required by the State Registrar

The certificate is not evidence of U.S. citizenship for the child.

All records, files, and information of any court in this State relating to the adoption proceedings other than the new birth certificate will be sealed except as provided by court order or statute.

Source

Child Welfare Information Gateway. U.S. Department of Health and Human Services Administration for Children and Families. [1]

References