State Laws and Legislation

Idaho Adoption Law

Permits LGBT individuals to petition to adopt? Yes.
Idaho law states that any adult person residing in Idaho may adopt a minor. (IDAHO CODE ANN. § 16-1501)

Permits same-sex couples to jointly petition to adopt? No explicit prohibition.
There is no explicit prohibition, but no state court has heard the issue of whether same-sex couples can or can not jointly petition to adopt.

Permits a same-sex partner to petition to adopt partner’s child or child of the relationship? No explicit prohibition.
There is no explicit prohibition, but no state court has heard the issue of whether a same-sex partner can or can not petition to adopt a partner’s child or child of the relationship.

Details: Idaho law permits any adult to petition to adopt. In 2002, the law was amended to prohibit denying an adoption solely based on a prospective adoptive parent’s disability. The amendment states that "transvestism and transsexualism" are not disabilities and that "sexual preference or orientation" is not considered an impairment or disability. IDAHO CODE ANN. § 16-1501. This does not mean a lesbian, gay, bisexual or transgender individual cannot petition to adopt a child. It simply means that a person’s sexual orientation or gender identity or expression is not considered a disability, and the protection the law offers for a disabled applicant does not apply to LGBT people for purposes of adoption.

Updated: Wed, December 09, 2009 - 12:00:47