Legal Question in Family Law in Idaho
Adult Adoption
I am over 18 years old, and my biological sperm donor of a father did numerous injustices to me. Not that that really matters, my question is...I have another man in my life, who is a father to me. He and my mother were never together, but I call him Dad. How would we go about him adopting me? I have been trying to figure this out, but the only information I can find is on under-age, minor adoption. Thank you for your help!
1 Answer from Attorneys
Re: Adult Adoption
Adoptions are set forth in Idaho Code (I.C.) sections 16-1501 thru 16-1521 generally. 1. I.C. section 16-1501 allows adoption of adult if 2 things are true (1) the resident adult must have maintained a parental relationship with the child while she was a juvenile, i.e. prior to age 18 for a period of one year prior to her becoming an adult; (2) The court must find by interrogation of the adult that a substantial family relationship was created during the one year period prior to age 18;
I.C. sect 16-1502 requires that the adult be at least 15 years older than the child/adoptee except if he is married to your mother or if the adopting adult proves a substantial family relationship with you to the court.
I.C. sect 16-1503 requires that if the adopting adult is married both he and his wife must consent to the adoption.
I.C. sect 16-1504 is fairly complicated as to who must consent so you might want to review that one yourself.
I.C. sect 16-2005 requires that your real father's parental rights be terminated prior to a new father being given parental rights.
As you can see, this can be a complicated process and I cannot further describe all the requirements herein. Please contact me at 208-345-3817 to make an appointment for a free one-half hour consultation for further information.