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Idaho Relinquishment, Consent, Revocation laws

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Relinquishment - Consent - Time to Revoke
Idaho



Who Must Consent:


  • If the Child was conceived in a marriage, by living parents.
  • If the child was born outside of marriage then by the mother and the adjudicated biological father.
  • Any legally appointed custodian or guardian of the adoptee.
  • The agency that has been authorized to place the child.


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Consent of Adoptee:

A child 12 years or older must consent to the adoption.

When Parental Consent is Not Needed:

If a parent:

  • Has had parental rights terminated.
  • Has abused, neglected, or abandoned the child.
  • Has a mental illness or deficiency.
  • Has caused the child to be conceived as a result of rape or incest.
  • Has killed child's other parent.
  • Is not the natural parent.



When Relinquishment Can Be Signed:

Not addressed in the statutes reviewed. By implication, consent may be executed any time after the birth of the child.

How Relinquishment Must Be Signed:

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

Time for Revocation:

If the parent revokes consent and petitions for custody of the child, the parent must reimburse the adoptive parents for expenses paid.

Adapted from materials prepared by the National Adoption Information Clearinghouse.

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