One of my stepchildren's father consents but the other's doesn't — can I still adopt both in Idaho?

Possibly yes. One father's consent doesn't by itself stop you from adopting both children, but for the child whose father doesn't consent, you will need either his signed consent or a court order ending his parental rights. Idaho's Magistrate Court handles stepparent adoptions, and the paperwork depends on each father's situation.

How each child's paperwork differs

• Child whose father consents: Idaho requires a Petition for Adoption, signed consent forms, and your spouse's consent to the adoption. Idaho allows consent to be signed any time after birth.
• Child whose father does not consent: Instead of consent forms, the filing includes a termination petition. In Idaho, termination is a separate step from the adoption petition itself.

Abandonment and the non-consenting father

Idaho Code § 16-2005 sets a 12-month abandonment period. Whether your child's father meets that standard depends on the facts of his contact and support, and a father who objects may contest the case. A contested situation is where a Magistrate Court clerk or an Idaho family law attorney can give you advice for your circumstances.

Notifying the father

Idaho allows personal service by a sheriff or process server. If you truly don't know where he is, service by publication is allowed. Which applies depends on whether you can locate him.

Children's own consent

If either child is 12 or older, Idaho Code § 16-1504 applies, so that child's consent matters for their own adoption.

Other requirements

• Residency: Idaho Code § 16-1506(1) sets a 6-month residency requirement.
• Home study: Idaho Code § 16-1506 waives the home study in stepparent adoptions.
• Filing fees: The court filing fee typically runs $150-$250. The typical total cost of doing it yourself is under $1,000, compared with $3,000-$5,000+ for an attorney.

Timeline

A stepparent adoption in Idaho typically takes 3-6 months. A case where one father doesn't consent, especially a contested one, may take a different amount of time. The Magistrate Court clerk in your county can tell you how filing both children together, or separately, works locally. Idaho has 44 counties, and procedures can vary.

Can both adoptions be filed together?

Many families want to handle both children at once. Whether the court will hear them together, and how it treats the child with the non-consenting father, depends on the facts. Confirm this with the Magistrate Court clerk or an attorney before you file.

How we help

StepParent Adoption 360 is a document preparation service, not a law firm. You answer questions online about each child and each father, and we prepare the complete court document package for your Idaho county. You file it yourself, without an attorney.