Can I adopt my stepchild if I'm in a same-sex marriage in Idaho?

Yes, as a stepparent in Idaho you can petition the Magistrate Court in your county to adopt your stepchild, and the steps below are the Idaho requirements we prepare for every stepparent family. The rules for this process are in Idaho Code Title 16, Chapter 15. If you have a question about how the court will treat your particular marriage or family situation, the Magistrate Court clerk in your county or an attorney can answer it for your case.

Where you file: Idaho stepparent adoptions are filed in Magistrate Court. Idaho has 44 counties, and each one's clerk can tell you about local filing details.

What Idaho asks for:

• Residency: Idaho sets a residency period of 6 months under Idaho Code § 16-1506(1).
• Petition and consents: You file a Petition for Adoption along with consent forms (or a termination petition) and your spouse's consent to the adoption. Idaho allows consent to be signed any time after birth.
• Your child's consent: A child who is 12 or older must consent under Idaho Code § 16-1504.
• The other parent: If the other legal parent will not consent, abandonment is addressed in Idaho Code § 16-2005, which uses a 12-month period. Termination of parental rights is a separate step in Idaho. If the other parent's whereabouts are unknown, Idaho allows service by publication. Otherwise, service can be made personally by a sheriff or process server. Contested cases and unknown-parent situations depend heavily on the facts, so talk to the clerk or an attorney about those.
• Home study: It is waived for stepparent adoptions under Idaho Code § 16-1506.

Timeline and cost: Stepparent adoptions in Idaho typically take 3-6 months. Court filing fees generally run $150-$250, and the total cost is typically under $1,000.