Adopting a Child in Montana

A married couple jointly (or one spouse when the other is the child's parent), an unmarried person at least 18, or a married person at least 18 who is legally separated or whose spouse has been declared incompetent may adopt. A child may not be placed for adoption until the prospective parent has a preplacement evaluation of fitness and readiness. Written consent is required from the birth mother, her husband if he is the presumed father, anyone whose parental rights were established by a court, any agency with custody, a court-authorized guardian where applicable, and a child 12 or older. Consent is not required from a parent whose rights were terminated or who was declared incompetent, among others.

A stepparent may petition to adopt a spouse's minor child if the spouse has legal and physical custody and the child has lived with the spouse and stepparent for the 60 days before filing (other routes apply if the spouse has died or is incompetent, or an agency placed the child). The other parent may relinquish parental rights to the stepparent once the child is 72 hours old, and the stepparent accepts in writing. The stepparent must obtain an order terminating the noncustodial parent's rights before or together with the adoption petition (the two petitions can be joined), file any needed consents, give notice and attend the hearing.