TITLE 32

DOMESTIC RELATIONS

CHAPTER 10

PARENT AND CHILD

32-1010.   idaho PARENTAL RIGHTS act. (1) This section through section 32-1014, Idaho Code, shall be known and may be cited as the "Idaho Parental Rights Act."

(2)  The interests and role of parents in the care, custody and control of their children are both implicit in the concept of ordered liberty and deeply rooted in our nation’s history and tradition. They are also among the unalienable rights retained by the people under the ninth amendment to the constitution of the United States.

(3)  The interests of the parents include the high duty and right to nurture and direct their children’s destiny, including their upbringing and education.

(4)  The state of Idaho has independent authority to protect its parents’ fundamental right to nurture and direct their children’s destiny, upbringing and education.

(5)  The protections and rights recognized in sections 32-1011 through 32-1014, Idaho Code, are rooted in the due process of law guaranteed pursuant to section 13, article I, of the constitution of the state of Idaho.

(6)  Governmental efforts that restrict or interfere with these fundamental rights are only permitted if that restriction or interference satisfies the strict scrutiny standard provided in section 32-1013, Idaho Code.

(7)  Nothing in this act shall be construed as altering the established presumption in favor of the constitutionality of statutes and regulations.

(8)  The provisions of the Idaho parental rights act are hereby declared to be severable, and if any provision of the act or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of the act.

History:

[32-1010, added 2015, ch. 219, sec. 1, p. 681; am. 2021, ch. 286, sec. 1, p. 860.]