What are Montana's adoption laws?

Montana's adoption laws are found in Montana Code Annotated Title 42, and stepparent adoptions are handled by the District Court in the county where you file. Montana has 56 counties, and the court clerk in your county can confirm local filing details and fees.

Where to file: Adoption petitions go to the District Court. For an adult adoption, you file in the county where a petitioner lives.

Residency: For a child's adoption, Montana has no minimum residency period (Mont. Code Ann. § 42-1-104(1)). For an adult adoption, the petitioner must have lived in Montana for at least 90 days immediately before filing.

Child's consent: The consent age is 12 (Mont. Code Ann. § 42-2-301). A child who is 12 or older has a role in the process.

Abandonment: Montana's abandonment period is 6 months (Mont. Code Ann. § 42-2-608). It may matter if the other biological parent has been out of the child's life, but how it applies depends on your facts. For a contested case or an unknown or unreachable parent, ask the District Court clerk or an attorney about your specific situation.

Home study: Montana waives the home study for stepparent adoptions (Mont. Code Ann. § 42-4-309). That removes one step that can slow down other kinds of adoption.

Timeline: A stepparent adoption of a minor typically takes about 3-6 months. An adult adoption typically takes about 4-8 weeks.

Adult adoption in Montana: Adult adoption is permitted.

• An adult may adopt another adult or an emancipated minor, but may not adopt their own spouse. The adopter must be an adult, meaning at least 18 (MCA 42-4-402(1)).
• Consent is required only from the adoptee, the person adopting, and the adopter's spouse. The spouse's consent isn't needed if the couple is legally separated, or if the court finds the spouse incapable or withholding consent contrary to best interests.
• Consents must be in writing and signed before the court or a person authorized to take acknowledgments. They must state that everyone agrees to the parent-child relationship and understands the inheritance, property and support consequences.
• An adult can be adopted without the consent of their own parents.
• The home study and related evaluation and supervision steps do not apply to adult adoption.

Records after the adoption: Questions about birth records and certificates are handled by the Montana Office of Vital Statistics. The District Court clerk can tell you what to bring to that office.

What the data doesn't spell out: Filing fees, local forms and scheduling vary by court. Your county's District Court clerk can give you exact figures and current procedures. If your situation involves a parent who objects, a parent who can't be found, or any other fact-specific question, an attorney can advise you on that particular issue.

How we help: StepParent Adoption 360 is a document preparation service, not a law firm.