Silva Law Office

When there is little or no contact with the biological father and/or biological mother, a parent/child relationship often forms between a step-parent and the child. Many families decide that a termination of the biological parent’s rights and simultaneous adoption by the stepparent is in everyone’s best interest. Common grounds for terminating a parent’s parental rights may include: abandonment, failure to financially support the child; incarceration; and, sexual abuse.

The biological parent must be given notice of the termination and adoption proceedings and often times the biological parent is supportive of the termination and adoption as they will no longer be required to pay monthly child support, medical costs, daycare costs, etc.

If the biological parent is supportive of the termination and adoption, the parent must consent to termination of his or her parental rights. If the biological parent signs the Consent before a magistrate judge and the judge approves the termination, the parent’s rights are voluntarily terminated and the step-parent may proceed with an adoption.

If the biological parent refuses to sign the Consent, or it is impossible to locate the biological parent, it is still possible to terminate the biological parent’s rights. It may be necessary to publish notice to the biological parent in a newspaper with general circulation in the area of the parent’s last known address. This gives the parent notice of the proceedings and, if the parent fails to respond, his or her rights may be terminated by the court.

Most Courts in Idaho require that a home study or social investigation be completed when the step-parent petitions to adopt a stepchild. While the step-parent is the main subject of the home study, the entire family is assessed.