adoption after divorce

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Now, as far as adoption, the adoption agency needs the consent of both parents. So, you would have to find him, have paternity established and then get him to relenquish his rights for the adoption. However, once paternity is established, he can instead decide he wants custody and not agree to the adoption.

Idaho Adoption statute summary

http://www.adoptionsolutions.com/general/state laws/id_law.htm

"Consent to Adoption
The following parties must consent to the adoption:

1. the adoptee's parents or guardian;
2. if there is no guardian, then the nearest living relative;
3. if there are no relatives, then the court will appoint someone to act on behalf of the child;
4. the licensed child placement agency if it is authorized to place the child:
5. The adoptee, if over twelve (12) years of age.
If the parent's parental rights have been terminated the parent is not required to consent. There are no provisions in the law for withdrawal of consent or when consent must take place.

Putative Father Registry
A person who is or who claims to be the father of a child born out of wedlock may claim rights as the father of the child if he registers with the Registry of Vital Statistics of the Department of Health and Welfare. This claim of paternity must occur before the child is placed with an adoption agency. If the father fails to file for a claim of paternity within this rule, he can never try to establish paternity in the future and consequently his parental rights may be terminated.

The Department of Health and Welfare, private adoption agencies, or attorneys involved in adoptions shall notify all putative fathers of their need to register their intent to support and exercise their rights toward the child. If the agency cannot personally notify the putative father, then they are permitted to notify him through publication and it must be completed at least 10 days prior to any termination proceeding or placement of the child with an adoption agency.

A diligent search must be made of the registry of notices from putative fathers that the putative father involved is not registered and if he is proper notice of the adoption must be given."

Other laws may apply to a child concieved DURING a marriage. The Idaho Code section for adoption law is: Idaho Code Sections 16-1501 to 16-1513 (1997) if you want to research further.

You should consult your attorney and a reputable adoption agency to inquire.