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Understanding Birth Father Rights in Idaho

Your Options for Adoption With or Without Consent of the Father in ID

Does the father have to give consent for adoption in Idaho? Is adoption possible without knowing who the father is? What if I want to put my baby up for adoption but the father doesn’t? Can a child be adopted without the father’s consent in Idaho?

As an adoption agency, we field questions like those above fairly often. It makes sense; when it comes to an unsupportive or unknown birth father, it’s hard to know if you can choose adoption for your child or not. To help you learn more about laws surrounding adoption in Idaho without parental consent, we’ve compiled the answers to some frequently asked questions.

Please note that this article does not serve as legal advice, nor does it take the place of an adoption attorney or licensed social worker. To learn more about birth father rights and to talk about your specific situation, please call American Adoptions at 1-800-ADOPTION or fill out our free online form.

What is the legal definition of a father in Idaho?

Adoption in Idaho state laws define a parent as:

  • A birth mother or adoptive father

  • An adoptive father

  • The biological father of a child conceived or born during the father’s marriage to the child’s birth mother

  • An unmarried biological father whose consent to the child’s adoption is required

A presumptive father is a man who either is currently or was married to the child’s birth mother, and the child was born during the marriage or within 300 days of its termination.

Does Idaho have a paternity registry?

Yes, Idaho has a paternity registry, or putative father registry, which serves as a system of allowing men to claim paternity of children born outside of marriage. According to birth father adoption laws in Idaho, a man may claim a right to be notified of any adoption proceedings by filing with the Vital Statistics Unit of the Department of the Health and Welfare.

If a father of a child born out of wedlock doesn’t file and register his notice of the commencement of paternity proceedings before the birth mother files a proceeding to terminate her parental rights, then the father is deemed to have surrendered any right to the child. His consent to adoption is not required, and he will not be able to bring or maintain any action to establish paternity.

Is there any other way to establish paternity in Idaho?

A voluntary acknowledgement of paternity, if it is signed and notarized, also constitutes a legal finding of paternity. If the mother was married at the time of either conception or birth but the husband was not the father of the child, he may also file an affidavit of nonpaternity if it is accompanied by a voluntary acknowledgement of paternity signed by the mother and the child’s alleged father.

Can you revoke a paternity claim in Idaho?

If a man wishes to revoke his paternity claim, he may file a notarized revocation of the claim within either 60 days after filing it or the date of any proceeding relating to the child, whichever comes first.

So, to put a baby up for adoption, does the dad need to agree?

To summarize, if a man is legally considered to be the child’s father, he deserves his birth father’s rights in adoption. It’s important that you work with your adoption specialist to make sure you follow the laws regarding adoption, as adoption without consent from the father may not be possible. It’s important to inform your baby’s father of your adoption plan, but it’s also important that you keep yourself safe while doing so.

To speak with an adoption specialist about pursuing adoption without knowing the father or with an unsupportive birth father, please contact American Adoptions at 1-800-ADOPTION.

Disclaimer
Information available through these links is the sole property of the companies and organizations listed therein. America Adoptions, Inc. provides this information as a courtesy and is in no way responsible for its content or accuracy.

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