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Committee Sends RS 32109 to Print; Bill Would Require Adoptive Parents to Pay Certain Counseling and Legal Costs for Birth Mothers

2332205 · February 3, 2025
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Summary

Senator Tammy Nichols presented RS 32109, a proposal to add provisions to Idaho Code §18-1511 requiring prospective adoptive parents to pay for counseling and to inform birth mothers of available legal counsel. The Senate Judiciary & Rules Committee voted to send the RS to print.

Senator Tammy Nichols (R-10) told the Senate Judiciary & Rules Committee she is presenting RS 32109, a proposed addition to Idaho Code §18-1511 intended to strengthen support for birth mothers during the adoption process.

"This new section aims to ensure that birth mothers receive necessary counseling and legal services that would be paid for by the adoptive parents," Nichols said. She described two counseling phases the proposal would add: a pre-placement counseling requirement with a minimum of three sessions and a post-placement counseling requirement with at least six sessions. Nichols also said the bill would require birth mothers be informed they may receive legal counsel and counseling services of their choice and that prospective adoptive parents would cover those costs.

Committee members asked for clarifications about cost controls and oversight. Senator Uchte asked whether the draft includes language ensuring fees are "reasonable"; Senator Nichols and the chair pointed senators to language in the draft that includes "Reasonable maternity and living expenses" and a cross-reference that requires court review and approval for costs exceeding $2,000.

After discussion the committee voted to send RS 32109 to print. Senator Lent moved to send the RS to print and Senator Keiser seconded; the motion carried by voice vote and the RS will be placed for formal bill drafting and printing.

RS 32109 would, if later enacted into statute, alter the adoption process by requiring selected counseling and by clarifying that adoptive parents pay the listed counseling and legal costs; the RS hearing is an early step in that process and the language will be subject to further drafting and debate.