Adult Adoptions are authorized in and by the State of Idaho pursuant to Title 15, Chapter 16, Idaho Code. The basic requirement for an adult adoption is is described in Section 15-1601 of that chapter, which requires that the person proposed to be adopted must have resided with the proposed adoptive parent(s) for a period in excess of one year while he/she was still a minor; or, for such period of time or in such manner that the court after investigation finds a substantial family relationship has been created. Further, as provided under Section 15-1604, Idaho Code, since the proposed Adoptee is over the age of 18 years, no consent is required by his or her natural parents.
Take Credit for the Child you Raised
The most common, but not exclusive situation, where an Adult Adoption is sought is when there has been a re-marriage or a marriage with a formerly unmarried person, and the step-parent takes on the role and duties of a step-parent and establishes a close bond and relationship with the child or children of the natural parent. Typically, the parties are fearful, reluctant or otherwise unable to seek a termination of parental rights of the non-custodial parent while the child is still a minor, and therefore wait to file for adoption when such termination is no longer required.
Step-Parent Adoptions are one of the most common adoptions, likely greater in number than third-party or unrelated adoptions, and are also governed by Title 15, Chapter 16, Idaho Code. A child, when adopted, may take the name of the adopting person, and the two parties shall thereafter sustain toward each other the legal relation of parent and child, and shall have all the rights and shall be subject to the duties of that relation, including all of the rights of a child of the whole blood, to inherit from any person, in all respects, under the provisions of Section15-2-103, Idaho Code, and to the same extent as a child of the whole blood.
Show the Child they are Yours
With our 30+ years of experience in assisting hundreds of Idaho Residents with Step-Parent Adoption, you can be confident that we can also help you successfully complete this process for yourself, without spending thousands of dollars to hire an attorney. It will end up requiring an astounding number of documents (typically 12 to 15 separate forms), all of which we will prepare completely ready-to-file, and provide you with easy to follow, step-by-step instructions.
don't delay... make your dream come true today!
Termination of Parental Rights
In a majority of Step-Parent Adoption cases, the parental rights of the non-custodial parent have to be terminated prior to finalizing an adoption. Typically, this is accomplished by the filing of a combined Petition for Termination of Parental Rights and for Adoption. The process and requirements for termination of parental rights are governed by Title 16, Chapter 20, Idaho Code. Pursuant to Section 16-2004, Idfaho Code, A Petition for Termination of Parental Rights may be initiated by either parent against the other parent, or by an authorized agency (i.e. IDHW - Child Protective Services)... but not by a parent desiring to terminate his or her own parental rights.
Grounds for Termination
1. The other parent has abandoned the child;
2. The other parent has neglected the child;
3. The presumptive parent is not the biological parent of the child;
4.The other parent is unable to discharge his or her parental responsibilities;
5. The other parent is incarcerated, and likely to remain incarcerated for a substantial period.
Best Interest of Child
Section 16-2005, Idaho Code, defines the conditions under which Termination of the Parent and Child Relationship may be granted. The court may grant an order terminating the relationship where it finds that the termination of parental rights is in the best interests of the child(ren), and one or more the conditions included on the adjacent list exists. Click on the above underlined Section link above for a full explanation of these conditions.
Sometimes... no Termination
In certain situations, they may not be any need for a Termination of Parental Rights.These situation might include the fact that the child was born out of wedlock, and no parental rights have been established by the absent parent. If an unmarried parent fails to register his claim of paternity, and assume the duties and responsibilities of a parent, including maintaining regular contact and financial support, he is not automatically entitled to parental rights. Other situations might include the case where the absent parent's rights were previously terminated by the court in a child protection case; or where the other parent is deceased.
Studies have shown that the “Best Interests” for your grandchildren is that they have an active relationship with their grandparents. Grandfathers and grandmothers can often provide a healthier and more stable environment than the children’s biological parents. As a result, Idaho’s “Best Interest of the Child” guideline fully supports a grandparents’ rights for visitation and custody, and for Adoption
don't delay... make their dream come true today!
Parents inability to provide a safe, stable, humane, and secure home environment can be due to many different factors, including but not limited to: (substance abuse, incarceration, mental health issues, anger management, poor leadership skill sets, endangerment, physical abuse, emotional abuse, domestic violence, divorce, etc.).
If a third-party, such as a grandparent, has adopted a child, then the third-party becomes the legal parent of the child and the biological parents' rights are terminated permanently. The child no longer has inheritance rights from the biological parents because the child is no longer considered the biological parents’ child.