Who Can Adopt in Idaho

Part of my Idaho Adoption Overview.

By Ronald W. Brilliant, Attorney at Law · Licensed in Idaho, Nevada & California · Last reviewed: September 2026 against the Idaho Code as posted by the Idaho Legislature (July 1, 2026)

In This TopicIdaho AdoptionTopic 1 of 6: Who Can Adopt

Idaho law sets out who may adopt, who may be adopted, and what must happen before a child is placed in an adoptive home. These rules are in Title 16, Chapter 15 of the Idaho Code. Under them, any minor child may be adopted by any adult person residing in and having residence in Idaho, in the cases and subject to the rules in that chapter (Idaho Code § 16-1501).

This page covers residency, age limits, married adopters, adopters with disabilities, adult adoption, the social investigation (section 16-1514 uses the term “home study”), and what the adoption petition must include. Consent rules are on a separate page, Consent to Adoption in Idaho.

Residency Requirements

The adopting person must be an adult who resides in and has residence in Idaho (Idaho Code § 16-1501). In addition, the petitioners must have resided and maintained a dwelling in Idaho for at least six consecutive months before filing the petition (Idaho Code § 16-1506(1)). A “petitioner” is the person asking the court to approve the adoption.

The six-month residency rule does not apply if the child is the subject of a child protection case (§ 16-1506(1)). For a nonresident petitioner to adopt a child who is the subject of a child protection case, the child must have lived with the petitioner continuously for at least six months immediately before the petition is filed (§ 16-1506(1)).

A petition to adopt a foreign-born child who entered the United States for adoption has its own rule: the petitioner must have resided and maintained a dwelling in Idaho for at least six consecutive months before filing (Idaho Code § 16-1514(1)).

Age Requirements

Idaho sets a minimum age difference or a minimum age for the person adopting (Idaho Code § 16-1502). The adopting person must meet one of the two tests below unless an exception applies.

Situation	Age rule
General rule	The person adopting must be at least 15 years older than the person adopted, or 25 years of age or older (§ 16-1502)
Adopting parent is a spouse of a natural parent	The age restrictions do not apply (§ 16-1502)
Adopting an adult	The age restrictions do not apply when the person adopting shows to the court’s satisfaction that a substantial relationship as a parent has been maintained for more than one year (§ 16-1502)

Married Adopters

A married man who is not lawfully separated from his wife cannot adopt a child without her consent, and a married woman who is not lawfully separated from her husband cannot adopt without his consent (Idaho Code § 16-1503). This applies if the spouse who has not consented is capable of giving consent (§ 16-1503).

If the petitioner’s spouse has not joined in the petition, the spouse must be served with notice of the adoption proceeding (Idaho Code § 16-1505(1)(c)).

Adopters With Disabilities

Adoptions shall not be denied solely on the basis of the disability of a prospective adoptive parent (Idaho Code § 16-1501(2)). Chapter 15 defines “disability” as a mental or physical impairment that substantially limits one or more major life activities, a record of such an impairment, or being regarded as having one (§ 16-1501(2)(b)). The definition lists certain conditions that are excluded, and it states that sexual preference or orientation is not an impairment or disability (§ 16-1501(2)(b)).

A prospective adoptive parent with a disability has the right to give the court evidence about how “adaptive equipment” or “supportive services” will enable the parent to carry out the responsibilities of parenting the child (Idaho Code § 16-1501B). Adaptive equipment means any equipment or item used to increase, maintain, or improve a parent’s parenting capabilities, and supportive services include things like adapted training, evaluations, and accommodations such as Braille texts or sign language interpreters (Idaho Code § 16-1501(2)(a), (c)).

Chapter 15 does not create any new obligation on state or local governments to buy or provide adaptive equipment or supportive services for parents with disabilities (Idaho Code § 16-1501B).

Adopting an Adult

A person who is not a minor may be adopted by a resident adult who has sustained the relation of parent to that person (Idaho Code § 16-1501(1)). The parental relationship must have lasted either:

• More than one year while the person being adopted was a minor (§ 16-1501(1)(a)); or
• For such time or in such manner that the court, after investigation, finds a substantial family relationship has been created (§ 16-1501(1)(b)).

Proceedings to adopt an adult follow the same petition rules in section 16-1506(1) that apply to children, and consents are signed the same way (Idaho Code § 16-1506(6)). When the court finds that all required consents have been given and the requirements of section 16-1501 are proven to its satisfaction, the court shall enter an order granting the adoption (§ 16-1506(6)). If the adult to be adopted is incapacitated or disabled, the court may require an investigation, and if one is done, the court must review and approve its findings before approving the adoption (§ 16-1506(6)). Whose consent is needed for an adult adoption is covered on the consent page.

The Social Investigation (Home Study)

Before a child is placed for adoption in the home of prospective adoptive parents, a thorough “social investigation” of the prospective adoptive family and all of its members must be completed, and a positive recommendation for adoptive placement must have been made (Idaho Code § 16-1506(4)). The investigation must be consistent with rules adopted by the department of health and welfare (§ 16-1506(4)).

The social investigation may be performed by any individual who meets the requirements of the law (§ 16-1506(4)). A copy of the study must be submitted to the department, and the department may charge a reasonable fee of no more than $50 for oversight of privately conducted studies (§ 16-1506(4)).

Stepparents and Grandparents

Where the prospective adoptive parent is married to the birth parent or is the grandparent of the child, the social investigation of that prospective adoptive parent is done only if the court orders it (Idaho Code § 16-1506(4)). For more on these cases, see Stepparent and Relative Adoptions in Idaho.

Exigent Circumstances

Sometimes the court determines that, because of exigent (urgent) circumstances, the family could not complete the investigation with a positive recommendation before the child was placed (§ 16-1506(4)). In that case the child stays in the home unless the court decides the child’s best interests are served by another placement (§ 16-1506(4)). The investigation must be started within five days of placement, and once started, all studies must be completed within 60 days (§ 16-1506(4)).

Adopters With Disabilities

A prospective adoptive parent with a disability has the right, as part of the social study, to give information about how adaptive equipment or supportive services will enable the parent to carry out parenting responsibilities (Idaho Code § 16-1506(4)). The person doing the investigation must tell the parent about this right and consider the information (§ 16-1506(4)). The investigation must be done by, or with help from, an individual with expertise in the use of such equipment and services (§ 16-1506(4)).

When the Department Investigates

When a person unrelated to the child, or not married to a natural parent of the child, files a petition to adopt a minor, the court must serve a copy of the petition and a statement of the full names and permanent addresses of the child and petitioners on the director of the department of health and welfare within five days (Idaho Code § 16-1506(4)). For any other adoption petition, the court may do so in its discretion (§ 16-1506(4)).

If no private investigation is done, the director, through department personnel or a qualified children’s adoption agency the director designates, must verify the petition’s allegations and investigate (§ 16-1506(4)). The written report to the court is due as soon as possible, not exceeding 30 days after the petition is served on the director (§ 16-1506(4)).

The investigation must cover the child’s alleged date and place of birth and parentage, and the report must include reasonably known or available medical and genetic information about both natural parents (§ 16-1506(4)). A copy of all medical and genetic information compiled must be made available to the adopting family before the final order of adoption (§ 16-1506(4)).

The department or other children’s adoption agency may require the petitioner to pay all or part of the cost of the investigation (§ 16-1506(4)). If the report disapproves of the adoption, a motion may be made to the court to dismiss the petition (§ 16-1506(4)).

Filing the Petition

An adoption of a child begins with filing a petition, together with a copy, by the person or persons proposing to adopt (Idaho Code § 16-1506(1)). It is filed in the district court of the county where the petitioners reside (§ 16-1506(1)). If the child is the subject of a child protection case, the petition is filed in the court handling that case, unless that court gives up jurisdiction over the adoption (§ 16-1506(1)).

The petition must state (§ 16-1506(1)):

• The name and address of each petitioner;
• The name of the child to be adopted and the name the child will be known by if adopted;
• The degree of relationship, if any, between the child and the petitioners; and
• The names of any person or agency whose consent to the adoption is necessary.

In a child protection case, the department of health and welfare must also file the child’s permanency plan (Idaho Code § 16-1506(2)). If the court determines the person proposing to adopt is not the proposed adoptive parent named in that plan, the judge shall stay (pause) the adoption until an amended plan is filed and approved by the judge in the child protection case (§ 16-1506(2)).

Foreign-Born Children

A foreign-born child who has been allowed to enter the United States for the purpose of adoption is adopted through a petition under section 16-1514, filed in the district court of the judicial district where the petitioners reside (Idaho Code § 16-1514(1)). In addition to the first three items listed above (it does not list the names of persons whose consent is necessary), that petition must state the child’s country of origin and date of birth if known, the visa or other entry document and date of entry, that a home study was prepared and by whom (with a copy attached), that the petitioners believe the biological parents live in another country, and that the adoption is in the child’s best interests (§ 16-1514(1)).

The steps after filing, including notice, the hearing, and the decree, are explained in Adoption Procedure and the Decree in Idaho. If a child is being brought into Idaho from another state for adoption, see Interstate Placement of Children in Idaho.

Indian Child Welfare Act

If applicable, nothing in Chapter 15 modifies the requirements of the federal Indian Child Welfare Act of 1978 (Idaho Code § 16-1501(3)). That act is federal law and is not described here.

How I Can Help

I help prospective adoptive parents confirm that they meet Idaho’s residency and age requirements, prepare a complete petition, and understand what the social investigation requires in their situation. I also help families seeking an adult adoption present the relationship to the court. Request a consultation to discuss your situation.

This page provides general information about Idaho adoption and termination of parental rights, based on the Idaho Code, and is not legal advice. Court rules (including the Idaho Child Support Guidelines), regulations, and case law also affect family law matters. Every situation is different; consult an attorney about yours. Reading this page does not create an attorney-client relationship.