Can both my spouse and I adopt each other's children from prior relationships in Idaho?

Yes, in Idaho you and your spouse can each adopt the other's child from a prior relationship. Each adoption is a stepparent adoption, filed in your county's Magistrate Court under Idaho Code Title 16, Chapter 15.

How it works: You would petition to adopt your spouse's child, and your spouse would petition to adopt yours. Each child's adoption has its own requirements. Whether the two cases can be filed together, or whether the clerk wants separate filings, is a local question. The Magistrate Court clerk in your county (Idaho has 44 counties) can confirm how your court handles it.

What each adoption involves:

• Spouse's consent: The parent who is the child's legal parent consents to their spouse adopting. In your situation, you each sign this for the other's adoption.
• Other parent: For each child, the other legal parent either signs a consent or a termination petition is needed. Idaho allows that consent to be signed any time after birth.
• Abandonment: If the other parent has abandoned the child, Idaho Code § 16-2005 uses a period of 12 months. Whether your facts meet it depends on your situation, so ask the clerk or an attorney.
• Child's consent: A child who is 12 or older must consent, under Idaho Code § 16-1504. This applies to each child who is 12 or older, whichever spouse is adopting.
• Residency: Idaho Code § 16-1506(1) sets a 6-month residency requirement.
• Home study: Idaho waives the home study for stepparent adoptions under Idaho Code § 16-1506.
• Notice: If the other parent must be notified, Idaho allows personal service by a sheriff or process server. If that parent's location is unknown, it allows service by publication.

Cost and timing: Court filing fees in Idaho typically run $150-$250. The total cost of a do-it-yourself stepparent adoption is typically under $1,000, compared with $3,000-$5,000+ for an attorney. Whether the court charges one fee or a fee for each adoption when you file for both spouses is something the clerk can tell you. Stepparent adoptions in Idaho typically take 3-6 months. Ask the clerk whether your two cases can be scheduled together.