On November 6, 2013, a woman filed this appeal in the Supreme Court of Idaho. The plaintiff appealed a Magistrate Judge's dismissal of her petition to adopt her partner's children without allowing for and argument or hearing. The plaintiff, represented by private counsel, asked the court reverse the Magistrate Judge's order of dismissal so that she may be found eligible to adopt. The appellant argued that the Magistrate Judge had acted without authority when she dismissed the petition without a hearing.

Specifically, the appellant argued that Idaho adoption statutes are not ambiguous and do not require the potential adoptive parent to be married. She further argues that her interpretation - that Idaho statute does not limit adoption to married spouses, avoids an unconstitutional outcome that would be in violation of equal protection and due process requirements.

On February 10, 2014, Judge Joel D. Horton reversed and remanded the case. The Supreme Court of Idaho found that the Magistrate Judge did violate the appellant's due process by dismissing the case without giving the appellant the opportunity for a hearing. The court further found that the Idaho adoption statute does not preclude a petitioner from adopting her domestic partner's children even if the partners are not married.

Gabriela Hybel - 02/06/2017


compress summary