T16CH15

Title 16 > T16CH15

Sections (18)

16-1501

TITLE 16 JUVENILE PROCEEDINGS CHAPTER 15 ADOPTION OF CHILDREN 16-1501. Minors and adults may be adopted. Any minor child may be adopted by any adult person residing in and having residence in Idaho, in the cases and subject to the rules prescribed in this chapter. (1) Persons not minors may be adopted by a resident adult in cases where the person adopting has sustained the relation of parent to such adopted person: (a) For a period in excess of one (1) year while the person was a minor; or (b) For such period of time or in such manner that the court after investigation finds a substantial family relationship has been created. (2) Adoptions shall not be denied solely on the basis of the disability of a prospective adoptive parent. As used in this chapter: (a) Adaptive equipment means any piece of equipment or any item that is used to increase, maintain, or improve the parenting capabilities of a parent with a disability. (b) Disability means, with respect to an individual, any mental or physical impairment which substantially limits one (1) or more major life activities of the individual including, but not limited to, self-care, manual tasks, walking, seeing, hearing, speaking, learning or working or a record of such an impairment, or being regarded as having such an impairment. Disability shall not include transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, other sexual behavior disorders, or substance use disorders, compulsive gambling, kleptomania or pyromania. Sexual preference or orientation is not considered an impairment or disability. Whether an impairment substantially limits a major life activity shall be determined without consideration of the effect of corrective or mitigating measures used to reduce the effects of the impairment. (c) Supportive services means services which assist a parent with a disability to compensate for those aspects of their disability which affect their ability to care for their child and which will enable them to discharge their parental responsibilities. The term includes specialized or adapted training, evaluations, or assistance with effective use of adaptive equipment, and accommodations which allow a parent with a disability to benefit from other services, such as Braille texts or sign language interpreters. (3) If applicable, nothing in this chapter shall modify the requirements of the Indian child welfare act of 1978, 25 U.S.C. 1901, et seq. History: [(16-1501) 1879, p. 8, sec. 1; R.S., sec. 2545; reen. R.C. & C.L., sec. 2700; C.S., sec. 4682; I.C.A., sec. 31-1101; am. 1951, ch. 283, sec. 1, p. 611; am. 1953, ch. 150, sec. 1, p. 245; am. 1972, ch. 147, sec. 1, p. 318; am. 1991, ch. 39, sec. 1, p. 78; am. 1996, ch. 195, sec. 1, p. 610; am. 2002, ch. 233, sec. 4, p. 671; am. 2013, ch. 138, sec. 3, p. 324; am. 2014, ch. 97, sec. 1, p. 265.]

16-1501A

TITLE 16 JUVENILE PROCEEDINGS CHAPTER 15 ADOPTION OF CHILDREN 16-1501A. Rights and Responsibilities of parties in adoption proceedings. (1) The legislature finds that the rights and interests of all parties affected by an adoption proceeding must be considered and balanced in determining what constitutional protections and processes are necessary and appropriate. (2) The legislature finds that: (a) The state has a compelling interest in providing stable and permanent homes for adoptive children in a prompt manner, in preventing the disruption of adoptive placements, and in holding parents accountable for meeting the needs of children; (b) An unmarried mother, faced with the responsibility of making crucial decisions about the future of a newborn child, is entitled to privacy, and has the right to make timely and appropriate decisions regarding her future and the future of the child, and is entitled to assurance regarding the permanence of an adoptive placement; (c) Adoptive children have a right to permanence and stability in adoptive placements; (d) Adoptive parents have a constitutionally protected liberty and privacy interest in retaining custody of an adopted child; and (e) An unmarried biological father has an inchoate interest that acquires constitutional protection only when he demonstrates a timely and full commitment to the responsibilities of parenthood, both during pregnancy and upon the child’s birth. The state has a compelling interest in requiring unmarried biological fathers to demonstrate that commitment by providing appropriate medical care and financial support and by establishing legal paternity, in accordance with the requirements of this chapter. (3) (a) The legislature prescribes the conditions for determining whether an unmarried biological father’s action is sufficiently prompt and substantial to require constitutional protection pursuant to sections 16-1504 and 16-1513 , Idaho Code. (b) If an unmarried biological father fails to grasp the opportunities to establish a relationship with his child that are available to him, his biological parental interest may be lost entirely, or greatly diminished in constitutional significance by his failure to timely exercise it, or by his failure to strictly comply with the available legal steps to substantiate it. (c) A certain degree of finality is necessary in order to facilitate the state’s compelling interest. The legislature finds that the interest of the state, the mother, the child, and the adoptive parents described in this section outweigh the interest of an unmarried biological father who does not timely grasp the opportunity to establish and demonstrate a relationship with his child in accordance with the requirements of this chapter. (d) An unmarried biological father has the primary responsibility to protect his rights. (e) An unmarried biological father is presumed to know that the child may be adopted without his consent unless he strictly complies with the provisions of

16-1501B

TITLE 16 JUVENILE PROCEEDINGS CHAPTER 15 ADOPTION OF CHILDREN 16-1501B. Right of parent with disability to present evidence and information. If the prospective adoptive parent has a disability as defined in this chapter, the prospective adoptive parent shall have the right to provide evidence to the court regarding the manner in which the use of adaptive equipment or supportive services will enable the parent to carry out the responsibilities of parenting the child. Nothing in this chapter shall be construed to create any new or additional obligation on state or local governments to purchase or provide adaptive equipment or supportive services for parents with disabilities. History: [16-1501B, added 2002, ch. 233, sec. 5, p. 672.]

16-1502

TITLE 16 JUVENILE PROCEEDINGS CHAPTER 15 ADOPTION OF CHILDREN 16-1502. Restrictions as to comparative age. The person adopting a child must be at least fifteen (15) years older than the person adopted, or twenty-five (25) years of age or older, except such age restrictions or requirements shall not apply in cases where the adopting parent is a spouse of a natural parent, and except that such age restrictions or requirements shall not apply when the person adopting an adult shows to the satisfaction of the court that a substantial relationship as a parent has been maintained for a period in excess of one (1) year. History: [(16-1502) 1879, p. 8, sec. 2; R.S., sec. 2540; reen. R.C. & C.L., sec. 2701; I.C.A., sec. 31-1102; am. 1961, ch. 14, sec. 1, p. 15; am. 1969, ch. 247, sec. 1, p. 773; am. 1972, ch. 147, sec. 2, p. 318; am. 1991, ch. 39, sec. 2, p. 78.]

16-1503

TITLE 16 JUVENILE PROCEEDINGS CHAPTER 15 ADOPTION OF CHILDREN 16-1503. 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. History: [(16-1503) 1879, p. 8, sec. 3; R.S., sec. 2547; reen. R.C. & C.L., sec. 2702; C.S., sec. 4684; I.C.A., sec. 31-1103.]

16-1504

TITLE 16 JUVENILE PROCEEDINGS CHAPTER 15 ADOPTION OF CHILDREN 16-1504. Necessary consent to adoption. (1) Consent to adoption of a child is required from: (a) The adoptee, if he is more than twelve (12) years of age, unless he does not have the mental capacity to consent; (b) Both parents or the surviving parent of an adoptee who was conceived or born within a marriage; (c) The mother of an adoptee born outside of marriage; (d) Any biological parent who has been adjudicated to be the child’s biological father by a court of competent jurisdiction prior to the mother’s execution of consent; (e) An unmarried biological father of an adoptee only if the requirements and conditions of subsection (3)(a) or (b) of this section have been proven; (f) Any legally appointed custodian or guardian of the adoptee; (g) The adoptee’s spouse, if any; (h) An unmarried biological father who has filed a voluntary acknowledgment of paternity with the vital statistics unit of the department of health and welfare pursuant to section 7-1106 , Idaho Code; and (i) The father of an illegitimate child who has adopted the child by acknowledgment. (2) Consent to adoption of an adult is required from: (a) The adoptee, or the guardian or conservator of an incapacitated adoptee, if a guardian or conservator has been appointed; and (b) The adoptee’s spouse, if any. (3) In accordance with subsection (1) of this section, the consent of an unmarried biological father is necessary only if the father has strictly complied with all requirements of this section. (a)(i) With regard to a child who is placed with adoptive parents more than six (6) months after birth, an unmarried biological father shall have developed a substantial relationship with the child, taken some measure of responsibility for the child and the child’s future, and demonstrated a full commitment to the responsibilities of parenthood by financial support of the child, of a fair and reasonable sum and in accordance with the father’s ability, when not prevented from doing so by the person or authorized agency having lawful custody of the child, and either: 1. Visiting the child at least monthly when physically and financially able to do so, and when not prevented from doing so by the person or authorized agency having lawful custody of the child; or 2. Having regular communication with the child or with the person or agency having the care or custody of the child, when physically and financially unable to visit the child, and when not prevented from doing so by the person or authorized agency having lawful custody of the child. (ii) The subjective intent of an unmarried biological father, whether expressed or otherwise, unsupported by evidence of acts specified in this subsection shall not preclude a determination that the father failed to meet any one (1) or more of the requirements of this subsection. (iii) An unmarried biological father who openly lived with the child for a period of six (6) months within the one (1)

16-1505

TITLE 16 JUVENILE PROCEEDINGS CHAPTER 15 ADOPTION OF CHILDREN 16-1505. Notice of adoption proceedings. (1) Notice of an adoption proceeding shall be served on each of the following persons: (a) Any person or agency whose consent or relinquishment is required under section 16-1504 , Idaho Code, unless that right has been terminated by waiver, relinquishment, consent or judicial action, or the person’s parental rights have been previously terminated; (b) Any person who has registered notice of the commencement of paternity proceedings pursuant to section 16-1513 , Idaho Code; (c) The petitioner’s spouse, if any, only if he or she has not joined in the petition; (d) Any person who is recorded on the birth certificate as the child’s father, with the knowledge and consent of the mother, unless such right to notice or parental rights have been previously terminated; (e) Any person who is openly living in the same household with the child at the time the mother’s consent is executed or relinquishment made, and who is holding himself out to be the child’s father, unless such rights to notice or parental rights have been previously terminated; and (f) Any person who is married to the child’s mother at the time she executes her consent to the adoption or relinquishes the child for adoption. (2) An unmarried biological father, by virtue of the fact that he has engaged in a sexual relationship with a woman, is deemed to be on notice that a pregnancy and an adoption proceeding regarding that child may occur, and that he has a duty to protect his own rights and interests. He is therefore entitled to actual notice of a birth or an adoption proceeding with regard to that child only as provided in this section. (3) Notice provided in accordance with this section need not disclose the name of the mother of the child who is the subject of an adoption proceeding. (4) The notice required by this section may be served immediately after commencement of proceedings to adopt a child but shall be served at least twenty-one (21) days prior to the final dispositional hearing. The notice shall specifically state that the person served must respond to the petition for adoption within twenty-one (21) days of service if he intends to intervene in or contest the adoption. (5) (a) Any person who has been served with notice of an adoption proceeding and who wishes to contest the adoption shall file a written objection to the adoption in the adoption proceeding within twenty-one (21) days after service. The written objection shall set forth specific relief sought and be accompanied by a memorandum specifying the factual and legal grounds upon which the written objection is based. (b) Any person who fails to file a written objection to the adoption within twenty-one (21) days after service of notice waives any right to further notice in connection with the adoption, forfeits all rights in relation to the adoptee, and is barred from thereafter bringing or maintaining any action to as

16-1506

TITLE 16 JUVENILE PROCEEDINGS CHAPTER 15 ADOPTION OF CHILDREN 16-1506. Proceedings on adoption. (1) Proceedings to adopt a child shall be commenced by the filing of a petition together with a copy thereof. The petition shall be initiated by the person or persons proposing to adopt the child and shall be filed with the district court of the county in which said person or persons reside, unless the adoption concerns a child who is the subject of a child protection case. If the adoption concerns a child who is the subject of a child protection case, the petition shall be filed in the court having jurisdiction over the child protection case, unless that court relinquishes jurisdiction over the adoption proceeding. The petitioners shall have resided and maintained a dwelling within the state of Idaho for at least six (6) consecutive months prior to the filing of a petition, unless the adoption concerns a child who is the subject of a child protection case. In order for a nonresident petitioner to adopt a child who is the subject of a child protection case, the child must have lived with the petitioner continuously for at least six (6) months immediately preceding the filing of the petition. The petition shall set forth the name and address of the petitioner or petitioners, the name of the child proposed to be adopted and the name by which the person to be adopted shall be known if and when adopted, the degree of relationship of the child, if any, to the petitioner or petitioners, and the names of any person or agency whose consent to said adoption is necessary. At the time fixed for hearing such petition, the person adopting a child and the child adopted, and the spouse of the petitioner if a natural parent of the child, must appear before the court of the county wherein the petition was filed. The petitioner shall at such time execute an agreement to the effect that the child shall be adopted and treated in all respects as his own lawful child should be treated. (2) If the adoption concerns a child who is the subject of a child protection case, then, in addition to the petition filed pursuant to subsection (1) of this section, the department of health and welfare shall file the permanency plan prepared pursuant to section 16-1620 or 16-1622 , Idaho Code, associated with the child protection case. If the court determines that the person proposing to adopt the child is not the proposed adoptive parent named in the permanency plan, then the judge shall stay the proceeding pending the department preparing and filing an amended permanency plan pursuant to section 16-1620 or 16-1622 , Idaho Code, and the approval of the amended permanency plan by the judge presiding over the child protection case. (3) Any person or persons whose consent is required shall execute such consent in writing, in a form consistent with the provisions of section 16-2005 (5), Idaho Code, which consent being filed in the court where the application is made shall be deemed a sufficie

16-1507

TITLE 16 JUVENILE PROCEEDINGS CHAPTER 15 ADOPTION OF CHILDREN 16-1507. Order of adoption. The judge must examine all persons appearing before him pursuant to this chapter, each separately, and any report of the investigation provided pursuant to the last section and if satisfied that the interests of the child will be promoted by the adoption, he must in the adoption of all foreign born persons make a finding of facts as to the true or probable date and place of birth of the foreign born child to be adopted and make an order declaring that the child shall thenceforth be regarded and treated in all respects as the child of the person adopting. History: [(16-1507) 1879, p. 8, sec. 7; R.S., sec. 2551; reen. R.C. & C.L., sec. 2706; C.S., sec. 4688; I.C.A., sec. 31-1107; am. 1951, ch. 283, sec. 3, p. 611; am. 1988, ch. 26, sec. 2, p. 34; am. 1996, ch. 188, sec. 1, p. 596.]

16-1508

TITLE 16 JUVENILE PROCEEDINGS CHAPTER 15 ADOPTION OF CHILDREN 16-1508. Effect of adoption. A child or adult, when adopted, may take the name of the person adopting, and the two (2) shall thenceforth sustain toward each other the legal relation of parent and child, and shall have all the rights and shall be subject to all the duties of that relation, including all of the rights of a child of the whole blood to inherit from any person, in all respects, under the provisions of section 15-2-103 , Idaho Code, and to the same extent as a child of the whole blood. History: [(16-1508) 1879, p. 8, sec. 8; R.S., sec. 2552; reen. R.C. & C.L., sec. 2707; C.S., sec. 4689; I.C.A., sec. 31-1108; am. 1963, ch. 63, sec. 1, p. 246; am. 1996, ch. 195, sec. 4, p. 613; am. 2020, ch. 82, sec. 7, p. 178.]

16-1509

TITLE 16 JUVENILE PROCEEDINGS CHAPTER 15 ADOPTION OF CHILDREN 16-1509. Release of child’s parents from obligation — Termination of rights of parents and children. Unless the decree of adoption otherwise provides, the natural parents of an adopted child are, from the time of the adoption, relieved of all parental duties toward, and all responsibilities for, the child so adopted, and have no right over it, and all rights of such child from and through such natural parents including the right of inheritance, are hereby terminated unless specifically provided by will. History: [(16-1509) 1879, p. 8, sec. 9; R.S., sec. 2553; reen. R.C. & C.L., sec. 2708; C.S., sec. 4690; I.C.A., sec. 31-1109; am. 1969, ch. 334, sec. 1, p. 1058.]

16-1509A

TITLE 16 JUVENILE PROCEEDINGS CHAPTER 15 ADOPTION OF CHILDREN 16-1509A. Dissolution of adoption. An adoption may be dissolved, upon petition, with the agreement of both the adoptee and the adopting parent, when the adopting parent was the spouse of a natural parent, and the marriage of the natural parent and adoptive parent was terminated. If the petition for dissolution occurs after the death of the adoptive parent, the court shall, in the finding of dissolution, specify the effect upon rights of inheritance. The court must determine that avoidance of statutory care is not the purpose of the dissolution, unless the court finds grounds to waive this finding. An action to obtain a decree of dissolution of adoption may be commenced at any time after the adoptee reaches twenty-one (21) years of age. History: [16-1509A, added 1998, ch. 167, sec. 1, p. 563.]

16-1511

TITLE 16 JUVENILE PROCEEDINGS CHAPTER 15 ADOPTION OF CHILDREN 16-1511. Sealing record of proceedings. Upon the motion of petitioners, or upon its own motion the court shall order that the record of its proceedings in any adoption proceeding shall be sealed. When such order has been made and entered the court shall seal such record and thereafter the seal shall not be broken except upon the motion of petitioners or the person adopted; provided, however, that such record may be sealed again as in this section provided. History: [I.C., sec. 16-1511, as added by 1953, ch. 104, sec. 1, p. 138; am. 1996, ch. 195, sec. 5, p. 613.]

16-1512

TITLE 16 JUVENILE PROCEEDINGS CHAPTER 15 ADOPTION OF CHILDREN 16-1512. Appeal from order — Binding effect of adoption order. (1) Any appeal from an order granting or refusing to grant an order of adoption shall be taken to the supreme court. (2) After the order of adoption by the court becomes final, no party to an adoption proceeding, nor anyone claiming under such party, may later question the validity of the adoption proceedings by reason of any defect or irregularity therein, jurisdiction or otherwise, but shall be fully bound by the order, except for such appeal as may be allowed in subsection (1) of this section. In no event, for any reason, other than fraud on the part of the party adopting a child, shall an adoption be overturned by any court or collaterally attacked by any person or entity after six (6) months from the date the order of adoption becomes final. This provision is intended as a statute of repose. History: [I.C.A., sec. 16-1512, as added by 1957, ch. 189, sec. 2, p. 376; am. 1971, ch. 170, sec. 1, p. 805; am. 2000, ch. 173, sec. 1, p. 442; am. 2010, ch. 26, sec. 1, p. 46.]

16-1513

TITLE 16 JUVENILE PROCEEDINGS CHAPTER 15 ADOPTION OF CHILDREN 16-1513. Registration of notice and filing of paternity proceedings. (1) A person who is the father or claims to be the father of a child born out of wedlock may claim rights pertaining to his paternity of the child by commencing proceedings to establish paternity under section 7-1111 , Idaho Code, and by filing with the vital statistics unit of the department of health and welfare notice of his filing of proceedings to establish his paternity of the child born out of wedlock. The vital statistics unit of the department of health and welfare shall provide forms for the purpose of filing the notice of filing of paternity proceedings, and the forms shall be made available through the vital statistics unit of the Idaho department of health and welfare and in the office of the county clerk in every county of this state. The forms shall include a written notification that filing pursuant to this section shall not satisfy the requirements of chapter 82, title 39 , Idaho Code, and the notification shall also include the following statements: (a) A parent may make a claim of parental rights of an abandoned child, abandoned pursuant to the provisions of chapter 82, title 39 , Idaho Code, as provided by section 39-8206 , Idaho Code, by filing a notice of claim of parental rights with the vital statistics unit of the department of health and welfare on a form as prescribed and provided by the vital statistics unit of the department of health and welfare; (b) The vital statistics unit of the department of health and welfare shall maintain a separate registry for claims to abandoned children, abandoned pursuant to the provisions of chapter 82, title 39 , Idaho Code; (c) The department shall provide forms for the purpose of filing a claim of parental rights of an abandoned child, abandoned pursuant to the provisions of chapter 82, title 39 , Idaho Code, and the forms shall be made available through the vital statistics unit of the Idaho department of health and welfare and in the office of the county clerk in every county of this state; (d) To be valid, a claim of parental rights of an abandoned child, abandoned pursuant to the provisions of chapter 82, title 39 , Idaho Code, must be filed before an order terminating parental rights is entered by the court. A parent that fails to file a claim of parental rights prior to entry of an order terminating their parental rights is deemed to have abandoned the child and waived and surrendered any right in relation to the child, including the right to notice of any judicial proceeding in connection with the termination of parental rights or adoption of the child; (e) Registration of notice of filing of paternity proceedings pursuant to chapter 15, title 16 , Idaho Code, shall not satisfy the requirements of chapter 82, title 39 , Idaho Code. To register a parental claim to an abandoned child, abandoned pursuant to the provisions of chapter 82, title 39 , Ida

16-1514

TITLE 16 JUVENILE PROCEEDINGS CHAPTER 15 ADOPTION OF CHILDREN 16-1514. Petition for adoption of foreign born child. (1) Proceedings to adopt a foreign born child who has been allowed to enter the United States for the purpose of adoption shall be commenced by the filing of a petition under this section. A petition under this section shall be initiated by the person or persons proposing to adopt the child and shall be filed with the district court of the judicial district in which said person or persons reside. The petitioner shall have resided and maintained a dwelling within the state of Idaho for at least six (6) consecutive months prior to the filing of a petition. The petition shall set forth the following: (a) The name and address of the petitioner or petitioners; (b) The name of the child proposed to be adopted and the name by which he or she shall be known when adopted; (c) The degree of relationship of the child, if any, to the petitioner or petitioners; (d) The child’s country of origin, and date of birth, if known; (e) That the child has been issued a visa or other document authorizing entry into the United States as an immigrant or for the purpose of adoption or for humanitarian reasons relating to adoption in the United States and the date of the person’s entry into the United States; (f) That a home study of the petitioner or petitioners was prepared and the name of the person or agency performing the home study. A copy of the home study shall be attached to the petition; (g) That, to the information and belief of the petitioners, the biological parents of the child to be adopted are residents of another country; (h) That the adoption of such child is in the child’s best interests. (2) At the time fixed for the hearing on a petition for adoption under this section, the person or persons adopting the child and the child to be adopted must appear before the court where the petition was filed. The judge shall examine the petitioner or petitioners at the hearing and, if satisfied that the proposed adoption is in the best interests of the child to be adopted, shall enter a decree of adoption. The petitioner or petitioners shall at such time execute an agreement to the effect that the child shall be adopted and treated in all respects as the petitioner’s own lawful child. (3) This section governs the adoption of all foreign born children who have entered the United States to be adopted. Notwithstanding any other provision of this chapter, no consent shall be required from the biological parents of the child to be adopted if the child has been granted permission by the United States department of state or United States department of homeland security to enter the United States for the purpose of adoption or for humanitarian reasons relating to adoption by United States citizens. A visa or other document from the United States department of state or United States department of homeland security authorizing entry into the United States for th

16-1514A

TITLE 16 JUVENILE PROCEEDINGS CHAPTER 15 ADOPTION OF CHILDREN 16-1514A. International adoption. (1) When an Idaho resident adopts a child in a foreign country in accordance with the laws of the foreign country, and such adoption is recognized as full and final by the United States government, such resident may file with a petition a copy of the decree, order or certificate of adoption which evidences finalization of the adoption in the foreign country, together with a certified translation thereof if it is not in English, and proof of full and final adoption from the United States government with the clerk of the court of any county in this state having jurisdiction over the person or persons filing such documents. (2) The court shall assign a docket number and file and enter the documents referenced in subsection (1) of this section with an order recognizing the foreign adoption without the necessity of a hearing. Such order, along with the final decree, order or certificate from the foreign country shall have the same force and effect as if a final order of adoption were granted in accordance with the provisions of this chapter. (3) When such order is filed and entered, the adoptive parents may request a report of adoption as provided in section 39-259 , Idaho Code. History: [16-1514A, added 2006, ch. 77, sec. 2, p. 236.]

16-1515

TITLE 16 JUVENILE PROCEEDINGS CHAPTER 15 ADOPTION OF CHILDREN 16-1515. Revocation of adoption — Payment of expenses of adoptive parents. (1) If a natural parent withdraws or revokes a consent to adoption and the court orders that the custody of the child be returned to the natural parent upon the petition of a natural parent, whether or not the order of adoption has been entered, the court shall order the natural parent who so petitioned to reimburse the adoptive or prospective adoptive parents for all adoption expenses including, but not limited to, all medical fees and costs and all legal fees and costs, and all other reasonable costs and expenses including, but not limited to, expenses for food and clothing incurred by the adoptive or prospective adoptive parents in connection with the care and maintenance of the child while the child was living with the adoptive or prospective adoptive parents. The court shall determine the amount of the reimbursement owing and shall enter the same as a money judgment in favor of the adoptive or prospective adoptive parents. (2) If the natural parent agrees to consent to the adoption and the adoption proceedings have been initiated by the prospective adoptive parents in accordance with that agreement but the natural parent thereafter refuses to execute the consent to adoption, the prospective adoptive parents may file a motion for restitution in the adoption action and the court may order reimbursement as provided in subsection (1) of this section, or the prospective adoptive parents may file a suit independent of the adoption proceedings for damages which may include those items described in subsection (1) of this section. (3) For purposes of this section, prospective adoptive parents shall include foster parents who have initiated adoption proceedings with respect to the child for whom foster care is being provided, but shall not include foster parents who are wholly or partially reimbursed by the state of Idaho for the care of the child. History: [16-1515, added 1998, ch. 172, sec. 1, p. 594.]