Idaho Code
Idaho Code

Idaho Code § 7-1107 (2026)

Limitation of action. 

✓ current as of May 2026
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Limitation of action. 

(1) Except as provided in section 16-1504(10), Idaho Code, a proceeding to establish paternity of the child under the provisions of this chapter may be instituted either before or after the birth of the child but must be instituted before the child reaches the age of majority as defined in section 32-101, Idaho Code.

(2)  This section shall apply retroactively and is for the benefit of any dependent child, whether conceived or born before or after the effective date of this act and regardless of the past or current marital status of the parents.
Notes of Decisions
Cited in 8 cases (1 in the last 5 years), 1948–2022 · leading case: Henderson v. Smith, 915 P.2d 6 (Idaho 1996).
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Henderson v. Smith, 915 P.2d 6 (Idaho 1996). · cites it 14× “I.C. § 7-1107; I.C. § 5-218. When combined with the minority tolling provision of I.”
State, Dep't of Health & Welfare Ex Rel. Gage v. Engelbert, 753 P.2d 825 (Idaho 1988). · cites it 21× “The version of I.C. § 7-1107 in effect when Justin was born, on May 5, 1979, provided that proceedings to establish paternity of a child must be commenced within three years of the date of birth.”
State, Dep't of Health & Welfare, Ex Rel. Washington v. Annen, 889 P.2d 720 (Idaho 1995). · cites it 2× “The State responded that (1) laches cannot be asserted against the State acting in the public interest, (2) Annen failed to establish prejudice to support a laches defense, and (3) laches is unavailable where the claim is not barred by the applicable statute of limitations.”
State ex rel. Johnson v. Niederer, 846 P.2d 933 (Idaho Ct. App. 1992). · cites it 12× “In Engelbert , the Supreme Court applied the version of I.C. § 7-1107 in effect in 1979 which allowed a paternity action to be brought within three years.”
Texas Dep't of Human Resources v. Delley, 581 S.W.2d 519 (Tex. App. 1979). “10, § 83 (West 1966) (if paternity acknowledged in writing, support obligation enforceable until child’s majority); Idaho Code § 7-1107 (1979) (if paternity acknowledged in writing, then suit may be brought within five years of signing date); Ind.”
Regan v. Owen (Idaho 2017). · cites it 2× “This statement does not convey with clarity the Legislature’s intent that Senate Bill 1388 be applied retroactively—which is what the law requires.”
Jane Doe I & John Doe I v. John Doe (Idaho 2022). · cites it 2× “I.C. § 7-1107(1) (“[A] proceeding to 9 establish paternity of the child under the provisions of this chapter may be instituted either before or after the birth of the child .”
Guiles v. Kellar, 192 P.2d 853 (Idaho 1948). · cites it 2× “The praecipe calls for the pleadings, the findings of the court and the decree, which papers ordinarily constitute the judgment roll under Subdivision 2, Section 7-1107 I.C.A., applicable here. Section 11-212, I.”
Idaho Code § 7-1107(1): 1 case
Jane Doe I & John Doe I v. John Doe (Idaho 2022). “I.C. § 7-1107(1) (“[A] proceeding to 9 establish paternity of the child under the provisions of this chapter may be instituted either before or after the birth of the child .”
Idaho Code § 7-1107(2): 1 case
Regan v. Owen (Idaho 2017). “This statement does not convey with clarity the Legislature’s intent that Senate Bill 1388 be applied retroactively—which is what the law requires.”
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