Idaho Code
Idaho Code § 7-1103 (2026)
Definitions.
✓ current as of May 2026
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Definitions.
When used in this act:
(1) The phrase "child conceived or born out of wedlock" refers to a child who is conceived outside of lawful matrimony but has not yet been born or who is begotten and born outside of lawful matrimony.
(2) The word "child" refers to child conceived or born out of wedlock.
(3) The word "mother" refers to the mother of a child conceived or born out of wedlock.
(4) The word "father" refers to the biological father of a child conceived or born out of wedlock.
(5) The word "court" refers to the district court which is hearing the cause.
Notes of Decisions
Cited in 3
cases (1 in the last 5 years), 1983–2025 · leading case: Johnson v. Studley-Preston, 812 P.2d 1216 (Idaho 1991).
Johnson v. Studley-Preston, 812 P.2d 1216 (Idaho 1991). “I.C. § 7-1103 defines “child born out of wedlock” as “a child who is begotten and born outside of lawful matrimony.”
Crain v. Crain, 662 P.2d 538 (Idaho 1983). “Contrary to the utilization of that Act by the majority opinion, I would hold that the clear legislative intent, as disclosed by the definitions contained in § 7-1103, is that the Act should apply only to proceedings brought to establish the paternity of a child born out of…”
Bartosh v. Campbell, 565 P.3d 282 (Idaho Ct. App. 2025). “” I.C. § 7-1103(4). The VAP provision provides that, if “the mother was married at the time of either conception or birth, or between conception and birth, and the husband is not the father of the child, the husband may file an executed and notarized affidavit of nonpaternity if…”
— Idaho Code § 7-1103(4) — 1 case
Bartosh v. Campbell, 565 P.3d 282 (Idaho Ct. App. 2025). “” I.C. § 7-1103(4). The VAP provision provides that, if “the mother was married at the time of either conception or birth, or between conception and birth, and the husband is not the father of the child, the husband may file an executed and notarized affidavit of nonpaternity if…”
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