How do I adopt an adult in Idaho?

You can adopt an adult in Idaho if you are a resident adult who has stood in the relation of a parent to the person you want to adopt. That means either for more than one year while they were a minor, or for long enough, or in such a way, that the court, after investigation, finds a substantial family relationship has been created (Idaho Code § 16-1501(1)).

Who can be the adopter: You must be an adult (18 or older) and an Idaho resident. Idaho Code § 16-1502 sets an age gap: you must be at least 15 years older than the adoptee, unless you are 25 or older. The gap rule does not apply if you are the spouse of a natural parent, or if you can show a substantial parental relationship maintained for more than one year (Idaho Code § 16-1501).

Who must consent:

• The adult being adopted. If a guardian or conservator has been appointed for an incapacitated adoptee, that person consents.
• The adoptee's spouse, if there is one.
• If you are married, Idaho Code § 16-1503 addresses your spouse's consent, but its wording refers to adopting a child. The Magistrate Court clerk in your county can tell you how it is handled for an adult adoption.

Idaho's data does not say whether anyone else, such as the adoptee's birth parents, must consent. Confirm that with the clerk or an attorney.

Home study: A home study is not mandatory for adults. The pre-placement social investigation in Idaho Code § 16-1506 is for placing a child. The court may order service on the Department of Health and Welfare for investigation at its discretion. If you rely on the substantial-family-relationship route, the court itself will look into that relationship, so gather evidence such as how long you have been in each other's lives and the role you have played.

Residency and court: The petition is filed in the county where you, the adopter, live.