Idaho State Adoption Laws
We believe that the intent of the Idaho State Legislature was made clear in the following statement found in Idaho Code 16-1501A(1) The legislature finds that the rights and interests of all parties affected by an adoption proceeding must be considered and balanced in determining what constitutional protections and processes are necessary and appropriate. This intent is also addressed in Idaho Statute: 16-2001 and the Idaho Child Protection Manual. We do not believe that our adoption statutes should be used to take children away from unmarried biological fathers by deception and if left unchanged the door remains wide open for these unethical practices to continue. Our proposed adoption reform will not interfere with any legitimate, ethical or constitutional adoption but will make sure that a timely, ethical and reliable procedure is established to ensure that all adoptions become airtight and protect all parties involved in an adoption.
Our proposed changes to Idaho State adoption statutes will introduce and/or address the following areas of concern:
- The inclusion of due process and adequate notice provisions
- Consistency in language problems
- The inclusion of ehtical, lawful and constitutional language
- The inclusion of statutes that address a child's right to the care and upbringing of fit biological parents
- The removal of statutes that exclude birthfathers from the adoption process
Utah State Adoption Laws
The 2010 Utah legislature passed HB 0074 (Adoption and Child Custody Amendments) which specifically targets out-of-state birthfather's rights in 78B-6-122.5 Effect of out-of-state paternity adjudication, declaration, or acknowledgment: which states:
Unless a person who is an unmarried biological father has fully and strictly complied with the requirements of Sections 78B-6-120 through 78B-6-122, an out-of-state order that adjudicates paternity, or an out-of-state declaration or acknowledgment of paternity:
(1) only has the effect of establishing that the person is an unmarried biological father of a child to whom the order, declaration, or acknowledgment relates; and (2) does not entitle the person to:
(a) notice of any judicial proceeding related to the adoption of the child;
(b) the right to consent, or refuse to consent, to the adoption of the child; or
(c) the right to custody of, control over, or visitation with the child.
This new statute, along with their other adoption statutes, makes it nearly impossible for birthfathers to contest adoptions in the state of Utah. See HB0074 and other Utah adoption statutes: Utah's adoption laws 78B. These laws may not be inclusive. Please consult your attorney for more information.
We cannot overstate how important it is for all unwed birthfathers across the U.S. to register with the Utah Putative Father Registry, in your home state and in the state where the birthmother resides. See our Putative Father Registry page for information about how to proceed in Idaho,
Idaho State Putative Father Registry & Adoption Statutes
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