Boise Adoption Lawyer

In Idaho, any adult resident of the state may adopt. If the prospective parent is not the stepparent of the child (below), they must be either: 

• at least 25 years old; or
• at least 15 years older than the child. 

Additional qualifications for adoption include:

• having a stable source of income suitable to support the family;
• having adequate space in your house or apartment to provide a safe environment for the child;

If you are married, your spouse must consent to the adoption. Consent is a very important step in the adoption because if it is not done properly, the adoption cannot be finalized. 

Consent to adoption in Idaho must be provided in writing before an authorized officer, district judge, or magistrate. Note that consent is required from the following individuals:

• both biological parents if the child was conceived or born during the marriage;
• the mother of a child born outside marriage;
• the unmarried birth father, if he has established paternity or been judged by the court to be the child’s father;
• any legally appointed guardian of the child;
• the guardian or conservator of an adult who is incapacitated;
• the adopted person’s spouse (for an adult adoption);
• the father of a child born outside of marriage if the father has adopted the child by acknowledgment;
• the child if they are 12 years or older, unless the court finds that they are not mentally capable of consenting.

Note that consent is not required from anyone whose parental relationship with the child has been legally terminated. 

The Adoption Process – The Home Study

The home study is an information-gathering process that helps determine if the parents can provide a safe, nurturing environment for the child. The home study is waived when a stepparent is adopting a stepchild.