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Yes! Same-sex stepparent adoption is fully legal in Montana and all 50 states since the Supreme Court's 2015 Obergefell v. Hodges decision.
The process is identical to any other stepparent adoption:
- Legal marriage required (same-sex marriages are recognized nationwide)
- 0 months Montana residency
- Consent or abandonment of the other biological parent
- Background check
- Child consent if age 12+
- Home study waived for stepparents in Montana
Common LGBTQ+ scenarios we handle:
- Wife adopting wife's biological child from prior relationship
- Husband adopting husband's biological child from prior relationship
- Second-parent adoption for unmarried same-sex couples (available in some Montana counties)
Important: There should be no discrimination based on sexual orientation in the adoption process. If you experience any issues, document them and contact an LGBTQ+ family law advocacy organization.
Filed in: District Court
Cost: $349 document preparation
Timeline: 3-6 months
We've helped many LGBTQ+ families complete their adoptions. Your family deserves the same legal protections as any other. Start at stepparentadoption360.com/portal/register.
Stepparent adoption in Montana at a glance
- Court
- District Court
- Residency before filing
- No minimum period
- Typical timeline
- 3-6 months
- Child must consent at age
- 12
- Home study
- Usually waived for stepparents
- Montana families we've helped
- 151
Adoption document specialists · 25+ years of experience · 34,000+ families helped.
Page layout updated . Individual answers have different research histories. This is general information; court requirements and individual circumstances can differ. Document preparation service, not a law firm.
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