Legal Question in Family Law in Idaho

Re: Does a biological father who is currently incarcerated have to give permissi

A biological father does not have to give his permission for his child to be adopted by another. However, he MUST BE properly and formally notified of any proceeding to adopt, or change the child's name, and so forth.

The Court is generally reluctant to terminate a natural parent's rights to their children. So if you object, in writing, your child's mother will need to prove that you have abandoned your child. However, it could be argued that the acts of misconduct you committed that resulted in your incarceration, also effected an "abandonment of your child. It is a stretch, but some Judges might consider it and all of the circumstances of your incarceration.

If you anticipate a long time in, you should think about what your child's adoption might mean to her and her family unit. Your daughter at age 11 will always know who you are and if you demonstrated your love and care as a father should, she will always know that her "real" daddy loves her; and loved her so much he was willing to let her go, perhaps to have a better life than the one she could have with you. You might be able to obtain some sort of concession concerning information about your child and contact with... after the adoption.

Notwithstanding the above, you should be entitled to "legal aid" assistance in the event this matter goes to court and you should have an attorney before deciding how to proceed.

GOOD LUCK,

PHROSKA L. McALISTER