Boise Adoption Lawyer

Growing And Creating Families Through The Gift Of Adoption

For over 45 years, Johnson May (formerly May Browning and May) has supported thousands of birth mothers and prospective adoptive parents in finding solutions to their adoption needs from a child’s birth parent. We are committed to building families and providing compassionate representation to every client we serve. Our adoption lawyers recognize the emotional nature of adoption and provide you with support throughout the legal process. Our goal is to make you feel supported through the complexities of adoption law and family law, and we are committed to advocating for each client with dedication and care. Our Boise adoption lawyer can provide comprehensive, personalized, and reasonable legal services to adoptive and birth parents in a professional, supportive environment to help them adopt a child. We proudly serve clients throughout Treasure Valley and Ada County, offering local expertise and attentive support.

We represent all types of adoptions, including :

• Infant adoptions
• Adoptions of children with special needs/disabilities
• Foster care adoptions
• Grandparent adoptions
• Private adoptions
• Interstate adoptions
• Adult adoptions
• Step-parent adoptions
• Relative adoptions
• Same-sex couple adoptions
• Single-parent adoptions

How Do I Find Your Office?

Why Adoptive Parents Need an Attorney

Adopting a child through a private placement from a private adoption agency continues to make up a significant portion of adoptions from biological parents. However, adopting can be a stressful matter due to complex legal processes and unique circumstances. With a private adoptive placement made with a licensed adoption agency, adoptive parents:

1. Search for a birth mother or birth father. This is a complex task due to laws governing advertising. Given Idaho’s sparse population, you might need to look outside the state for the birth family, which means understanding current laws in other states is essential. The difficulty in finding a possible match is one reason people work through agencies.
2. Work out an agreement to adopt. Not all birth mothers automatically agree to give up their child. Instead, we open lines of communication with birth mothers and get them comfortable. Often, they need to “see” you as possible adoptive parents.
3. Negotiate the terms of the adoption. This is a key part of an “open” adoption, which has continued to grow in popularity. Adoptive parents might agree that a birth mother can maintain contact with the child going forward. Some birth mothers might demand this as a prerequisite to adoption. We can help you deal with agreements, focus on protecting your interests, and draft a contract.
4. Prepare adoptive parents for the home study. The home study is critical. We can walk you through what to expect, including the background check requirement. You will also need to provide references as part of the home study. We can help you identify proper references.
5. Shepherd your case through the courts. Parents have not adopted a child until the courts say you have. We can handle all your paperwork, file it with the court, attend hearings with you, and represent you in court.
6. Advise you about the post-placement study. Many adoptions in Idaho require a six-month supervision and support period before an adoption can become finalized. Some foster families can reduce this time period. You can expect monthly home visits during this time. Our lawyer can address any possible issues that might arise during your post-placement study.

Even those going with an agency might have questions and benefit from legal help. The lawyers involved generally represent the best interests of the child’s placement agency, not you as adoptive parents. You might have questions or concerns that require sensitive legal analysis. At Johnson May, we are committed to protecting clients and helping them navigate stressful legal matters. Why not reach out to Johnson May with questions to see if we can help?

Paying a Birth Mother’s Expenses

Idaho law prohibits paying for a child. However, the law allows potential adoptive parents to pay the birth mother for certain expenses during the pregnancy, such as medical and legal expenses. You might even pay some of her living expenses. This is a complex area of law, and Idaho sets limits on the maximum amount you can pay. You might need court approval to go over.

This is a critical reason to hire an adoption lawyer in Boise. We can ensure you don’t violate the law. Where appropriate, we will seek permission from the state agency or a judge before making payment. Many birth mothers will expect some compensation, so your willingness to pay some expenses could make or break the adoption.

When to Hire an Adoption Lawyer

The sooner you reach out, the better. Some people attempt to handle an international adoption all on their own, only to become overwhelmed by the complexity of the legal processes. They don’t know which documents to file or how to handle an out-of-state adoption, which has its own unique process. Hiring a dedicated family law attorney from a reputable firm ensures you have the expertise needed to navigate these challenges effectively.

Call Johnson May at any time. Our firm is committed to focusing on each client’s unique needs and protecting their loved ones throughout every step of the legal process. One excellent benefit of an adoption lawyer is that we can help you think through your options. Many parents are not aware of the differences between open and closed adoption, or maybe they haven’t given foster care adoption enough consideration. We’ll help you identify what you want upfront so that you can start the adoption process with confidence.

Stepparent Adoptions

Stepparents have many advantages when adopting a child. Unlike other adoptive parents, you have already found the child you want to adopt. However, the unique circumstances of adopting as a stepparent can pose specific challenges. You do not have to wait for a birth mother to come along and choose you as the adoptive parents.

However, it’s a mistake to believe the step-parent adoption process is automatic. Each adoption matter is unique, and complications can still arise. For example, the other biological parent might not be willing to give up his or her parental rights. Termination of rights is not automatic simply because you are married to the child’s mother or father. As your advocate, we can discuss whether this is expected and how to handle it, always focusing on the best outcome for every client. When a parent has abandoned a child, you might also need to find documentation to support that fact and present it to a public agency or a judge.

Reach out to Johnson May about adoption in Idaho. We have helped many stepparents adopt children and are eager to walk you through the process.

Adoption Law FAQs

What is the most significant legal difference between a stepparent adoption and a private (independent) adoption in Idaho?

The main difference lies in the process complexity and the required investigation. A Stepparent Adoption in Idaho is generally streamlined, as the child already resides in the home; the court often waives the full home study investigation, though background checks remain necessary. However, the legal focus shifts entirely to the mandatory Termination of Parental Rights (TPR) of the non-custodial parent, which must occur before the adoption can be finalized. A Private Adoption (adopting a child unrelated to the petitioner) requires full compliance with Idaho’s rigorous home study process, covering background checks, finances, and home interviews, making the legal preparation more comprehensive and involved from the outset.

Is a home study always required for an adoption in Idaho, and how does an attorney help me prepare for it?

A home study is required for almost all adoptions of a minor child, with the key exception being a stepparent or adult adoption. This pre-placement investigation must be completed by a certified professional in Idaho and involves criminal background checks, financial disclosures, personal references, and in-home visits. Many prospective parents find this intrusive, but an attorney acts as your advocate and guide, helping you collect all necessary documentation (like medical records and autobiographical statements) and ensuring that your application highlights your suitability under the strict Idaho Administrative Code standards. Timely and proper completion of the home study is essential for securing court approval.

What are the legal grounds for terminating a non-custodial parent’s rights to allow an adoption in Idaho?

For any minor child adoption to be finalized, the parental rights of the legal parents must be either voluntarily relinquished or involuntarily terminated by the court. Voluntary consent requires the parent to appear before an Idaho judge. In involuntary cases, a Boise attorney must prove that one of the statutory grounds for termination exists by clear and convincing evidence, such as abandonment (failure to maintain a normal parental relationship for one year or more), abuse, or neglect. Proving these grounds is legally challenging, requiring extensive evidence and adherence to strict legal procedure to ensure the court finds termination is in the child’s best interest.

Do I need to be an Idaho resident for a minimum time before I can file an adoption petition in a Boise court?

Yes, there is a clear residency requirement under Idaho law for prospective adoptive parents. To file a petition for adoption in a Boise court (part of Ada County), the adopting person or family must have resided and maintained a dwelling within the State of Idaho for a period of at least six consecutive months prior to the filing of the petition. This is a non-negotiable legal requirement. Your attorney will verify that you meet this residency standard and properly file your petition in the correct county court, which is a critical first step in legally establishing the court’s jurisdiction over the matter.

Experienced Idaho Adoption Attorney

Johnson May attorney Bart Browning has helped thousands of families grow their families through adoption. Bart’s personal experience as an adoptive father allows him to navigate the adoption process with his clients empathetically. Bart Browning is one of a handful of Idaho attorneys who are fellows of the Academy of Adoption & Assisted Reproduction Attorneys (AAAA), a national organization of highly vetted adoption attorneys. 

Our experienced adoption attorneys help you understand Idaho adoption law and your adoption plan, file the proper paperwork, and appear with you in adoption court. We know that each situation is unique and adjust our legal services to meet your specific needs during the initial meeting. Contact us today at 208-886-1693 to schedule an initial meeting!