PARENTAL CONSENT TO ADOPTION
(Idaho – Title 16, Chapter 15 Adoption Proceedings)
[// GUIDANCE: This template is drafted for use in the State of Idaho. Idaho’s adoption statutes are found at Idaho Code tit. 16, ch. 15. Only statutory citations that are foundational and long-standing are included in accordance with the Citation Policy. Practitioners must confirm no statutory amendments have modified consent, revocation, or counseling requirements before use.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
- Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation (Not Applicable)
- Dispute Resolution
- General Provisions
- Execution Block
1. DOCUMENT HEADER
1.1 Title
PARENTAL CONSENT, RELINQUISHMENT OF PARENTAL RIGHTS, AND WAIVER OF NOTICE FOR ADOPTION PROCEEDINGS
1.2 Identification of Parties
a. “Consenting Parent”: [FULL LEGAL NAME], [relationship to Child]
b. “Child”: [FULL LEGAL NAME], born [DATE OF BIRTH], in [CITY & COUNTY, STATE]
c. “Adoptive Parent(s)”: [NAME(S)]
d. “Petitioning Agency/Attorney”: [NAME & LIC. NO.], if applicable
1.3 Effective Date & Jurisdiction
This Consent is executed on [DATE] (“Effective Date”) and governed exclusively by the laws of the State of Idaho. Venue for all proceedings shall be the [NAME OF COUNTY] County Magistrate Division of the District Court (“Family Court”).
1.4 Recitals
WHEREAS, Consenting Parent is the legal [mother/father] of Child and desires voluntarily to consent to the permanent adoption of Child by Adoptive Parent(s);
WHEREAS, Idaho Code § 16-1504 requires the written consent of the child’s parent(s) to effectuate an adoption;
WHEREAS, Consenting Parent has been advised of, and understands, the legal consequences of executing this Consent, including the limited circumstances under which revocation may be permitted prior to entry of a final decree of adoption;
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Consenting Parent executes this Consent subject to the following terms:
2. DEFINITIONS
“Applicable Law” – Collectively, Idaho Code tit. 16, ch. 15 and all relevant Idaho court rules governing adoption proceedings.
“Final Decree” – The decree of adoption entered by the Family Court pursuant to Idaho Code § 16-1506, after which this Consent becomes irrevocable except as permitted under Applicable Law.
“Interlocutory Order” – Any temporary order of placement pending issuance of the Final Decree.
“Revocation” – A court-approved withdrawal of this Consent prior to entry of the Final Decree, as provided in Section 3.4.
3. OPERATIVE PROVISIONS
3.1 Consent and Relinquishment
Consenting Parent hereby:
a. Gives full, unconditional, and voluntary consent to the adoption of Child by Adoptive Parent(s);
b. Permanently relinquishes all parental rights, duties, and obligations with respect to Child, subject only to the Revocation provisions herein;
c. Waives any right to receive notice of further proceedings in this adoption matter, except as required by Applicable Law.
3.2 Timing of Execution
a. No consent by a birth mother shall be executed until at least after the Child’s live birth.
b. A biological father may execute this Consent pre-birth or post-birth in accordance with Idaho Code § 16-1504(3).
[// GUIDANCE: Confirm father’s signature timing with current statute before finalizing.]
3.3 Counseling Acknowledgment
Consenting Parent acknowledges that he/she:
a. Has been advised that licensed adoption-related counseling is available at no financial cost [or insert cost parameters]; and
b. Has either (i) received such counseling, or (ii) knowingly waives the opportunity to receive pre- and post-placement counseling.
3.4 Revocation Rights
a. Prior to entry of the Final Decree, Consenting Parent may petition the Family Court for Revocation only upon a showing of good cause, fraud, duress, or undue influence, pursuant to Idaho Code § 16-1504(5).
b. After entry of the Final Decree, this Consent is irrevocable except as set forth under Idaho Code § 16-1504(6) or other Applicable Law.
3.5 Conditions Precedent
This Consent is expressly conditioned upon:
a. Entry of an Interlocutory Order or Final Decree within [SPECIFY TIMEFRAME, e.g., 12 months] of the Effective Date; and
b. Completion of any statutorily required home study and background checks.
4. REPRESENTATIONS & WARRANTIES
Consenting Parent hereby represents and warrants that:
4.1 Legal Parentage – He/she is the Child’s legal parent with full authority to execute this Consent.
4.2 No Duress – Execution is voluntary, free of coercion, and with the opportunity to consult independent counsel.
4.3 Mental Competency – Consenting Parent is of sound mind and legal age of majority.
4.4 Complete Disclosure – All material facts regarding parentage, paternity, and Child’s medical history have been fully disclosed.
4.5 Survival – The representations and warranties herein shall survive execution and remain enforceable until entry of the Final Decree.
5. COVENANTS & RESTRICTIONS
5.1 Cooperation – Consenting Parent shall execute all documents and appear at all hearings reasonably required to consummate the adoption.
5.2 Medical History – Consenting Parent shall provide a comprehensive medical and genetic history of Child’s biological family within [15] days of the Effective Date.
5.3 Confidentiality – Consenting Parent shall maintain the confidentiality of these proceedings except as required by law.
5.4 No Contact (Optional) – Consenting Parent agrees to have no direct or indirect contact with Child absent a written, court-approved Post-Adoption Contact Agreement.
6. DEFAULT & REMEDIES
6.1 Events of Default
a. Breach of any representation, warranty, or covenant herein;
b. Failure of Consenting Parent to cooperate as required in Section 5.1.
6.2 Notice & Cure
Adoptive Parent(s) or the Petitioning Agency/Attorney shall provide written notice of default. Consenting Parent shall have [10] days to cure, unless the Family Court orders otherwise.
6.3 Remedies
Upon uncured default, the Family Court may:
a. Enforce specific performance;
b. Impose sanctions deemed equitable; and/or
c. Modify or revoke this Consent in the best interest of the Child.
6.4 Attorneys’ Fees
The prevailing party in any contested motion regarding enforcement or revocation of this Consent shall be entitled to reasonable attorneys’ fees and costs, as permitted by Idaho R. Civ. P. 54(e).
7. RISK ALLOCATION
[// GUIDANCE: Indemnification and liability caps are not applicable to an adoption consent; therefore, this section is intentionally omitted.]
8. DISPUTE RESOLUTION
8.1 Governing Law – This Consent shall be construed and enforced under the laws of the State of Idaho.
8.2 Forum Selection – Exclusive jurisdiction and venue lie with the [NAME OF COUNTY] County Magistrate Division of the District Court (“Family Court”).
8.3 Arbitration – Not available for matters concerning adoption; all disputes are subject to the Family Court’s jurisdiction.
8.4 Jury Waiver – Jury trials are unavailable in Idaho adoption proceedings; all issues shall be determined by the presiding judge.
8.5 Injunctive Relief – The Family Court retains authority to issue orders necessary to protect the Child’s best interests, including permanent placement orders.
9. GENERAL PROVISIONS
9.1 Amendments – No amendment to this Consent is valid unless in writing, signed by Consenting Parent, and approved by the Family Court.
9.2 Assignment – Rights and obligations hereunder are personal and non-assignable.
9.3 Severability – If any provision is held unenforceable, the remainder shall be given full effect to the extent permitted by law.
9.4 Entire Agreement – This instrument constitutes the entire agreement of the parties concerning the subject matter and supersedes all prior communications.
9.5 Counterparts – This Consent may be executed in counterparts, each of which is deemed an original.
9.6 Electronic Signatures – Signatures transmitted by electronic means (e.g., PDF, e-signature platform) shall be deemed originals once acknowledged by a notary public per Idaho Code § 51-109.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, the undersigned Consenting Parent has executed this Parental Consent to Adoption as of the Effective Date first written above.
[CONSENTING PARENT NAME]
Consenting Parent
State of Idaho )
County of ____ ) ss.
On this ___ day of ____, 20__, before me, the undersigned, a Notary Public in and for said State, personally appeared [CONSENTING PARENT NAME], known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same for the purposes therein contained.
IN WITNESS WHEREOF I hereunto set my hand and affix my official seal.
Notary Public for the State of Idaho
Residing at: ___
My Commission Expires: ____
[// GUIDANCE: Attach additional signature blocks for each Adoptive Parent if simultaneous consents are required by the court, as well as any required agency or guardian ad litem acknowledgments.]
END OF DOCUMENT