Idaho Code

Idaho Code § 32-1010 (2026)

idaho PARENTAL RIGHTS act.

✓ current as of May 2026

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idaho PARENTAL RIGHTS act.

(1) This section through section 32-1014, Idaho Code, shall be known and may be cited as the "Idaho Parental Rights Act."

(2) The interests and role of parents in the care, custody and control of their children are both implicit in the concept of ordered liberty and deeply rooted in our nation’s history and tradition. They are also among the unalienable rights retained by the people under the ninth amendment to the constitution of the United States.

(3) The interests of the parents include the high duty and right to nurture and direct their children’s destiny, including their upbringing and education.

(4) The state of Idaho has independent authority to protect its parents’ fundamental right to nurture and direct their children’s destiny, upbringing and education.

(5) The protections and rights recognized in sections 32-1011 through 32-1014, Idaho Code, are rooted in the due process of law guaranteed pursuant to section 13, article I, of the constitution of the state of Idaho.

(6) Governmental efforts that restrict or interfere with these fundamental rights are only permitted if that restriction or interference satisfies the strict scrutiny standard provided in section 32-1013, Idaho Code.

(7) Nothing in this act shall be construed as altering the established presumption in favor of the constitutionality of statutes and regulations.

(8) The provisions of the Idaho parental rights act are hereby declared to be severable, and if any provision of the act or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of the act.

Notes of Decisions

Cited in 10 cases (9 in the last 5 years), 2020–2026 · leading case: Nelson v. Evans, 464 P.3d 301 (Idaho 2020).

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Nelson v. Evans, 464 P.3d 301 (Idaho 2020). · cites it 12× “I.C. §§ 32-1010, 1011. Additionally, this Court recognized in Leavitt that the trial court’s decision in grandparent visitation cases, although committed to the sound discretion of the trial court, must be guided by the principles announced in Troxel, and that the rebuttable…”

Nelson v. Evans, 517 P.3d 816 (Idaho 2022). · cites it 5× “The Act sets forth a parent’s fundamental right in the care, custody, and control of his or her children which is rooted in the due process clause: (2) The interests and role of parents in the care, custody and control of their children are both implicit in the concept of…”

Murray v. Dalton (Idaho 2024). · cites it 19× “I.C. §§ 32-1010, 32-1013. Idaho Code section 32-1010 provides an overview of the Act and references the application of the “strict scrutiny standard” to cases involving state action against the rights of Idaho parents: (1) This section through section 32-1014, Idaho Code, shall…”

Gatsby v. Gatsby, 495 P.3d 996 (Idaho 2021). · cites it 2× “” Idaho Code section 32-1010 has codified that right in Idaho law.”

State v. Gale (Idaho Ct. App. 2025). · cites it 8× “§§ 32-1010 or 32-1013 apply in the probation context, to a probation term requiring an approved chaperone, or in regard to a parent who has been convicted of possession of child 1 The State argues that Gale failed to preserve the argument raised on appeal.”

Jane Doe v. John Doe (2025-33) (Idaho 2026). · cites it 7× “Likewise, the Idaho Parental Rights Act, I.C. §§ 32-1010 to 32-1014, provides that parental rights are “fundamental,” “unalienable,” “implicit in the concept of ordered liberty,” and “deeply rooted in our nation’s history and tradition.”

Queen v. Clegg (Idaho Ct. App. 2025). · cites it 3× “1 Clegg also cites to the Idaho Parental Rights Act, Idaho Code §§ 32-1010 , 32-1013. However, this citation does not advance his position.”

IDHW v. Jane & John Doe (Idaho 2024). ““Idaho Code sections 32-1010–[10]14 make up the Idaho Parental Rights Act (the Act).”

Gatsby v. Gatsby, 495 P.3d 996 (Idaho 2021). · cites it 2× “” Idaho Code section 32-1010 has codified that right in Idaho law.”

— Idaho Code § 32-1010(1) — 2 cases

Murray v. Dalton (Idaho 2024). “I.C. §§ 32-1010, 32-1013. Idaho Code section 32-1010 provides an overview of the Act and references the application of the “strict scrutiny standard” to cases involving state action against the rights of Idaho parents: (1) This section through section 32-1014, Idaho Code, shall…”

— Idaho Code § 32-1010(2) — 4 cases

Nelson v. Evans, 517 P.3d 816 (Idaho 2022). “The Act sets forth a parent’s fundamental right in the care, custody, and control of his or her children which is rooted in the due process clause: (2) The interests and role of parents in the care, custody and control of their children are both implicit in the concept of…”

Jane Doe v. John Doe (2025-33) (Idaho 2026). “Likewise, the Idaho Parental Rights Act, I.C. §§ 32-1010 to 32-1014, provides that parental rights are “fundamental,” “unalienable,” “implicit in the concept of ordered liberty,” and “deeply rooted in our nation’s history and tradition.”

— Idaho Code § 32-1010(4) — 1 case

Nelson v. Evans, 464 P.3d 301 (Idaho 2020). “I.C. §§ 32-1010, 1011. Additionally, this Court recognized in Leavitt that the trial court’s decision in grandparent visitation cases, although committed to the sound discretion of the trial court, must be guided by the principles announced in Troxel, and that the rebuttable…”

— Idaho Code § 32-1010(5) — 3 cases

— Idaho Code § 32-1010(6) — 3 cases

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