Idaho Code
Idaho Code § 16-1501 (2026)
Minors and adults may be adopted.
✓ current as of May 2026
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Minors and adults may be adopted.
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 prescribed in this chapter.
(1) Persons not minors may be adopted by a resident adult in cases where the person adopting has sustained the relation of parent to such adopted person:
(a) For a period in excess of one (1) year while the person was a minor; or
(b) For such period of time or in such manner that the court after investigation finds a substantial family relationship has been created.
(2) Adoptions shall not be denied solely on the basis of the disability of a prospective adoptive parent. As used in this chapter:
(a) "Adaptive equipment" means any piece of equipment or any item that is used to increase, maintain, or improve the parenting capabilities of a parent with a disability.
(b) "Disability" means, with respect to an individual, any mental or physical impairment which substantially limits one (1) or more major life activities of the individual including, but not limited to, self-care, manual tasks, walking, seeing, hearing, speaking, learning or working or a record of such an impairment, or being regarded as having such an impairment. Disability shall not include transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, other sexual behavior disorders, or substance use disorders, compulsive gambling, kleptomania or pyromania. Sexual preference or orientation is not considered an impairment or disability. Whether an impairment substantially limits a major life activity shall be determined without consideration of the effect of corrective or mitigating measures used to reduce the effects of the impairment.
(c) "Supportive services" means services which assist a parent with a disability to compensate for those aspects of their disability which affect their ability to care for their child and which will enable them to discharge their parental responsibilities. The term includes specialized or adapted training, evaluations, or assistance with effective use of adaptive equipment, and accommodations which allow a parent with a disability to benefit from other services, such as Braille texts or sign language interpreters.
(3) If applicable, nothing in this chapter shall modify the requirements of the Indian child welfare act of 1978, 25 U.S.C. 1901, et seq.
Notes of Decisions
Cited in 12
cases (3 in the last 5 years), 1949–2022 · leading case: In the Matter of Adoption, 326 P.3d 347 (Idaho 2014).
In the Matter of Adoption, 326 P.3d 347 (Idaho 2014). “Idaho Code § 16-1501 provides that “[a]ny minor child may be adopted by any adult person residing in and having residence in Idaho, in the cases and subject to the rules prescribed in this chapter.”
Matter of Adoption of Chaney, 887 P.2d 1061 (Idaho 1995). “The magistrate court concluded that I.C. § 16-1501 did provide for adoption of adults, and thus such an adoption was permissible; however the court did not terminate the father's rights, and did not rule on the consequences of the adoption to him.”
Matter of Andersen, 589 P.2d 957 (Idaho 1978). “We do not believe that the termination statute is controlling rather than I.C. §§ 16-1501 to 1512, the adoption statute.”
Melling v. Chaney, 887 P.2d 1061 (Idaho 1995). “The magistrate court concluded that I.C. § 16-1501 did provide for adoption of adults, and thus such an adoption was permissible; however the court did not terminate the father’s rights, and did not rule on the consequences of the adoption to him.”
Craven v. Doe, 915 P.2d 720 (Idaho 1996). “On March 8,1994, pursuant to I.C. § 16-1501, et seq. and I.C. § 16-2001, et seq.”
Metzker v. Lowther, 204 P.2d 1025 (Idaho 1949). “Respondents’ offer was sufficient under Section 16-1501, I.C.A., that: “An offer in writing to * * * deliver a written instrument or specific personal property, is, if not accepted, equivalent to the actual production and tender of the money, instrument or property.”
In re Anonymous, 106 Misc. 2d 792 (N.Y.C. Fam. Ct. 1981). “1-222; Idaho Code, § 16-1501). Nevertheless, the trend, in most jurisdictions in recent years has been to loosen restrictions and to de-emphasize the benefits to the parties and the motive for adoption when the adoptee is an adult.”
In the Matter of Adoption by Step-Parent, 432 P.3d 31 (Idaho 2018). “We then concluded that, although Idaho Code section 16-1501 clearly permitted adult adoptions, the Legislature's failure to prescribe a procedure for such adoptions required us to vacate the order of adoption.”
Gatsby v. Gatsby, 495 P.3d 996 (Idaho 2021). “Linsay did not adopt [the child] pursuant to Idaho Code § 16-1501 et seq. Had Linsay done so, she would have been a legal parent.”
Jane Doe I v. Jane Doe II, 402 P.3d 1089 (Idaho 2017). “The problem with Former Girlfriend’s position is that Judge Peterson did not enter an order or make any ruling denying the petition for co-adoption. Judge Peterson had a verbal exchange with the parties’ attorney wherein he expressed his concerns about the proposed…”
Jane Doe I & John Doe I v. John Doe (Idaho 2022). “See generally, I.C. §§ 16-1501–16-1515, 16- 2001–16-2015.”
Gatsby v. Gatsby, 495 P.3d 996 (Idaho 2021). “Linsay did not adopt [the child] pursuant to Idaho Code § 16-1501 et seq. Had Linsay done so, she would have been a legal parent.”
— Idaho Code § 16-1501(1) — 1 case
In the Matter of Adoption by Step-Parent, 432 P.3d 31 (Idaho 2018). “We then concluded that, although Idaho Code section 16-1501 clearly permitted adult adoptions, the Legislature's failure to prescribe a procedure for such adoptions required us to vacate the order of adoption.”
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