Idaho Code
Idaho Code

Idaho Code § 16-1502 (2026)

Restrictions as to comparative age. 

✓ current as of May 2026
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Restrictions as to comparative age. 

The person adopting a child must be at least fifteen (15) years older than the person adopted, or twenty-five (25) years of age or older, except such age restrictions or requirements shall not apply in cases where the adopting parent is a spouse of a natural parent, and except that such age restrictions or requirements shall not apply when the person adopting an adult shows to the satisfaction of the court that a substantial relationship as a parent has been maintained for a period in excess of one (1) year.

Notes of Decisions
Cited in 5 cases, 1981–2014 · leading case: In the Matter of Adoption, 326 P.3d 347 (Idaho 2014).
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In the Matter of Adoption, 326 P.3d 347 (Idaho 2014). · cites it 2× “Instead, chapter 15 mentions “spouse” in five separate provisions 3 and “married” in three 3 The specific provisions are as follows: (1) § 16-1502 (“[t]he person adopting a child must be at least fifteen (15) years older than the person adopted .”
Matter of Adoption of Chaney, 887 P.2d 1061 (Idaho 1995). · cites it 2× “" *1064 I.C. §§ 16-1502, -1506(2). There is no indication the legislature intended the parental consent statute to apply to an adult adoption.”
In re Adult Anonymous II, 88 A.D.2d 30 (N.Y. App. Div. 1982). “Uniform Adoption Act, 9 Uniform Laws Ann [1979 ed], pp 11-55; Idaho Code, § 16-1502, which require the adopter to be at least 10 years older than the *34 adoptee.”
In re Anonymous, 106 Misc. 2d 792 (N.Y.C. Fam. Ct. 1981). “) Other restrictions which are imposed by statute on adult adoptions in other States include: proscriptions relating to age requirements between the adoptor and adoptee (Idaho Code, § 16-1502); requirements that the adoptor be the adoptee’s stepparent, uncle or aunt (Va Code, §…”
Melling v. Chaney, 887 P.2d 1061 (Idaho 1995). · cites it 2× “” *557 I.C. §§ 16-1502, -1506(2). There is no indication the legislature intended the parental consent statute to apply to an adult adoption.”
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