Adopting a child can be one of the most rewarding experiences for any couple. It is a complex process and most adoptive parents benefit greatly from the knowledge and expertise of an experience adoption attorney.
Categories of Adoption in Idaho
If you and your spouse are considering seeking custody of a child, it would be wise to obtain the support and representation of an attorney who is familiar with the state and federal laws that govern the different types of adoption.
The types of adoption that take place in Idaho includes:
- Public agency adoptions: These adoptions are facilitated by the Social Services division of the Department of Health and Welfare in Idaho, and are limited to the adoption of children within the foster care system.
- Private placement adoptions: These adoptions are state-licensed and can be for non-profit or for-profit organizations, and typically involve children with special needs, domestic and/or international infant adoption.
- Independent (also known as private) adoptions: The birth parent or parents place the child directly within the care of an adoptive parent for the purpose of adoption.
- Step-parent adoptions: These are the most common type of adoption. When a parent remarries the step-parent develops a relationship with the child and in some cases takes the place of the absent natural parent. Independent of the current issues regarding same gender marriages, Idaho’s Supreme Court is starting to recognizing adoptions in non-marital situations, such as with domestic partnerships, relying upon statutory language that states that “any minor child may be adopted by any adult person.” At the present time it is likely that only two persons at a time would be recognized as the parents of a child.
- Adult Adoptions: There is also the possibility for an adult to be adopted by another adult in situations where there has previously existed a parent/child relationship.
Requirements for an adoption
In the State of Idaho, the adoptive family is required by law to participate in a current home study, except for a step-parent adoption. The home study provides a written assessment of the prospective parent’s ability to provide and care for the adopted child. Home studies are not required in instances where the prospective parent is either married to the birth parent or is the grandparent of the child in question, unless one is specifically ordered by the court. Adoption home studies may be completed by a person or entity approved by the Idaho Department of Health and Welfare or by a licensed private adoption agency.
The adoptive parent must be 15 years older than the person adopted, or at least 25 years of age, unless the adoption is a step-parent adoption.
Adoptions also require that one or both of the natural parent(s)’ parental rights be terminated , have not been established (example father has not registered with the State as the father or not on the birth certificate) has died, etc.
Having a knowledgeable and experienced adoption attorney in East Idaho can help your adoption go through smoothly.