Can I adopt my stepchild who is a newborn or infant in Idaho?

Yes, you can ask the Idaho Magistrate Court to approve a stepparent adoption of your newborn or infant stepchild, as long as you meet Idaho's requirements. Idaho allows consent to be signed any time after birth, so you don't have to wait for the baby to reach a certain age before starting.

What the court looks at for a baby

• Residency: Idaho's residency requirement is 6 months (Idaho Code § 16-1506(1)).
• Spouse's consent: Your spouse, the child's parent, must consent to the adoption.
• Petition and consent forms: You file a Petition for Adoption along with the consent forms, or a termination petition if consent isn't being given.
• Child's consent: Idaho's age for a child's own consent is 12 (Idaho Code § 16-1504). A newborn or infant is far younger, so that point comes up only with older children.
• Home study: Idaho waives the home study in stepparent adoptions (Idaho Code § 16-1506).

The other biological parent

This is usually the most important question with a baby. If the other parent is willing, they can sign consent at any point after the birth. If they are not willing, Idaho treats termination of parental rights as a separate step from the adoption.

Idaho's abandonment period is 12 months (Idaho Code § 16-2005). A newborn hasn't lived that long yet, and how the period applies to a very young baby depends on the facts. If you are thinking about that route, check with the Magistrate Court clerk in your county or an attorney first.

The same goes if the other parent is unknown, can't be found, or disputes the adoption. Those situations turn on the details, so ask the clerk or an attorney about your specific case. If the other parent's location is unknown, Idaho allows service by publication. Otherwise, a sheriff or process server can personally serve them.

Why some families file early

• The child is legally yours from the start, with the same standing as any parent.
• Once the adoption is final,