Boise, ID asked in Adoption and Family Law for Idaho

Q: Is it possible to file to have parental rights removed of a parent if the people who are adopting are not married

I am then natural mother and looking to removed the rights of the natural father, However, I am not married to who would be adopting them. What are my options

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1 Lawyer Answer
Kevin M Rogers
Kevin M Rogers
  • Family Law Lawyer
  • Boise, ID
  • Licensed in Idaho

A: I'm sorry but it is not possible in the State of Idaho right now. The State of Idaho has a pecuniary interest in NOT terminating a natural parent's rights. Why? Because the State of Idaho taxpayers will ultimately have to pay for any social services that you receive as the unmarried parent of children. I'm not suggesting that you are or will be receiving benefits from the State. However, if you happen to marry again and the man you marry is willing to "step into the shoes" of the natural father, then yes of course, you would then be able to file a Motion for Termination of Parental Rights concurrently with a Petition for Adoption, seeking to both terminate the parental rights of the natural father and in the same hearing, asking the Judge to let your husband adopt your children. The new "father" will then be legally responsible for any financial payments the State of Idaho pays to you and will be legally responsible to pay child support for the children if you and he should in the future be divorced.

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