Idaho Code
Idaho Code

Idaho Code § 16-1503 (2026)

Consent of husband and wife necessary. 

✓ current as of May 2026
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Consent of husband and wife necessary. 

A married man, not lawfully separated from his wife, cannot adopt a child without the consent of his wife; nor can a married woman, not thus separated from her husband, without his consent, provided the husband or wife, not consenting, is capable of giving such consent.

Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 2014–2022 · 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 12× “” In attempting to apply this rule, the magistrate pointed to I.C. § 16-1503 and I.C. § 16-1506(1), both of which discuss certain circumstances where a spouse is involved in an adoption.”
John & Jane Doe II v. John Doe I, 395 P.3d 814 (Idaho 2017). · cites it 2× “Termination proceedings are conducted prior to but separate from adoption proceedings and are governed by Idaho Code section 16-2005, as set forth above. For termination to proceed, the court must conclude that termination is in the best interest of the child and find that one…”
In the Matter of Adoption by Step-Parent, 432 P.3d 31 (Idaho 2018). “These statutory references to required consents bring Idaho Code sections 16-1503 and 16-1504 into play, as these are the statutes addressing the consent required for adoptions to occur.”
Jane Doe I & John Doe I v. John Doe (Idaho 2022). · cites it 2× “See I.C. §§ 16-1503, 16-1506(1). However, this omission was corrected in the amended petition submitted by Mother.”
— Idaho Code § 16-1503(c) — 1 case
John & Jane Doe II v. John Doe I, 395 P.3d 814 (Idaho 2017). “Termination proceedings are conducted prior to but separate from adoption proceedings and are governed by Idaho Code section 16-2005, as set forth above. For termination to proceed, the court must conclude that termination is in the best interest of the child and find that one…”
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