How do I adopt an adult in Montana?

To adopt an adult in Montana, you file a petition in the District Court in a county where you live, once you have lived in Montana for at least 90 days immediately before filing, and you include written consents from the people the law requires.

Who can adopt and be adopted. Montana law says an adult may adopt another adult or an emancipated minor. An adult may not adopt their own spouse. If someone has adopted an adult, they may not adopt another adult within 1 year unless the new adoptee is a sibling of the first. Adopting an incompetent individual of any age must meet all the child-adoption requirements. Your situation may involve other questions about who can be adopted, and the District Court clerk or an attorney can answer those for your facts.

Whose consent you need. Consent is required only from:

• The person being adopted
• The prospective adoptive parent
• The adoptive parent's spouse, if there is one

The spouse's consent is not needed if the spouse and the adopter are legally separated, or if the court finds the spouse incapable or withholding consent contrary to best interests. An adult may be adopted without the consent of their parents. The adoptee's own spouse is not listed as a required consenter. If that applies to you, confirm it with the clerk or an attorney.

How consents must be written. Consents must be in writing and signed before the court or a person authorized to take acknowledgments. They must state that the parties agree to the parent-child relationship and understand the inheritance, property and support consequences.

Where to file. Adult adoptions go to the District Court. File in the county where a petitioner lives, whether that is Yellowstone County for Billings, Missoula County, or any of Montana's 56 counties. The adult adoption rules are in Montana Code Annotated Title 42, including MCA 42-4-401, MCA 42-4-402, MCA 42-4-403, MCA 42-4-404 and MCA 42-4-405.

No home study. The adoptive decision support services requirement, preplacement evaluation, postplacement supervision period and postplacement evaluation do not apply to an adult adoption. That means no home visits or waiting period for supervision.

Hearing and fees. Otherwise, the regular child-adoption procedure applies to adult adoptions. Whether your judge will schedule a hearing, and the exact filing fee, are details the District Court clerk in your county can confirm.

Timeline. Adult adoptions in Montana generally move faster than stepparent adoptions of children. A typical adult adoption takes about 4-8 weeks, though your county's court schedule can change that.

Steps in order:

• Confirm that the adopter is an adult, is not adopting a spouse, and has lived in Montana at least 90 days.
• Complete the petition and the signed consents, with the required statements about inheritance, property and support.
• File with the District Court clerk in the county where a petitioner lives.
• Follow any hearing instructions the clerk gives you.