We divorced and remarried — can my spouse adopt my child now in Idaho?

Yes, you can start a stepparent adoption in Idaho as a remarried couple. Whether your earlier divorce matters in any way to the court is something the Magistrate Court clerk in your county can confirm, or an attorney if your situation is complicated. Below is what Idaho's stepparent adoption process involves.

Where it is filed: Stepparent adoptions are filed in Magistrate Court in your Idaho county. The adoption law is found in Idaho Code Title 16, Chapter 15.

Residency: Idaho Code § 16-1506(1) sets a residency period of 6 months.

Your spouse's role: Idaho's required paperwork includes a petition for adoption and your spouse's consent to the adoption. Your spouse is the child's parent, so this consent is part of the filing.

The child's other biological parent: If the child has another living biological parent, the court needs either that parent's consent or a termination petition. In Idaho, the termination of that parent's rights is handled separately from the adoption itself. Consent can be signed at any time after the child's birth.

• If the other parent agrees, you submit their signed consent form.
• If the other parent has abandoned the child, Idaho Code § 16-2005 uses a 12-month abandonment period. Whether your facts meet that standard is a question for the clerk or an attorney.
• If you don't know where the other parent is, Idaho allows service by publication when their location is unknown. Otherwise, service can be made personally by a sheriff or process server.
• If the other parent objects, the case depends on your specific facts, so talk with an attorney.

Your child's consent: Under Idaho Code § 16-1504, a child who is 12 or older must consent to the adoption.

Home study: Idaho Code § 16-1506 waives the home study in stepparent adoptions, which removes a step that can slow things down in other situations.

Timeline and cost: Stepparent adoptions in Idaho typically take 3-6 months. Court filing fees generally run $150-$250, and the typical total cost when you prepare the paperwork yourself is under $1,000. Hiring an attorney commonly costs $3,000-$5,000 or more.