In the Matter of Adoption by Step-Parent

At issue before the Idaho Supreme Court in this case was a magistrate court decision to deny a motion by Jane Doe (Mother), the biological mother of an adult, mentally-incapacitated child (Son) to set aside a decree of adoption declaring Jane Doe I (Step-Mother) to be a parent of Son. The decree was entered upon the joint petition for adoption filed by Son’s biological father (Father) and Step- Mother. Mother was not given notice of the proceedings. Upon learning of the adoption, she filed a motion to set aside the decree pursuant to Idaho Rule of Civil Procedure 60(b). Father and Step-Mother did not respond to Mother’s 60(b) motion, which the magistrate court denied. In this direct appeal to the Supreme Court, Mother argued the lower court erred in denying her motion because notice to Mother and her consent was required. The Supreme Court concurred with Mother's contention that notice and consent was required. The Supreme Court reversed the magistrate court's denial, vacated the decree of adoption, and remanded this matter for further proceedings. View "In the Matter of Adoption by Step-Parent" on Justia Law