What are the adoption laws in Montana?

Montana's adoption laws are in Montana Code Annotated Title 42, and a stepparent adoption is filed in the District Court in your county. Montana has 56 counties, and each one has its own District Court clerk.

Where you file. Stepparent adoptions go through the District Court. Cities like Billings, Missoula, Great Falls, Bozeman and Butte each fall within a county court, so the clerk in your county is the best source for local forms, filing fees and scheduling.

Residency. For a stepparent adoption, Montana has no minimum residency period (Mont. Code Ann. § 42-1-104(1)). Adult adoption is different: the person adopting must have lived in Montana for at least 90 days immediately before filing, and files in the county where a petitioner lives.

Consent of the child. A child who is 12 or older must consent to the adoption (Mont. Code Ann. § 42-2-301).

Abandonment. Montana sets an abandonment period of 6 months (Mont. Code Ann. § 42-2-608). Whether it applies to your family depends on your facts. If the other legal parent is absent, unknown or unwilling to consent, talk to the District Court clerk or an attorney about your specific situation.

Home study. In a stepparent adoption, the home study is waived (Mont. Code Ann. § 42-4-309). That removes a step that often adds time and cost in other kinds of adoption.

Timeline. A stepparent adoption in Montana typically takes about 3-6 months. An uncontested case with complete paperwork is generally the smoothest. A contested case can look very different, so get legal advice if the other parent objects.

Adult adoption. Montana allows it. The statutes (MCA 42-4-401 through MCA 42-4-405) say that:

• An adult may adopt another adult or an emancipated minor, but may not adopt their own spouse (MCA 42-4-402).
• Consent is required only from the person being adopted, the person adopting, and the adopter's spouse. The adoptee's parents do not need to consent.
• 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.
• The home study and related evaluation requirements do not apply to adult adoption.
• An adult adoption often moves faster, at about 4-8 weeks.

Who can adopt a child. An unmarried or legally separated individual must be at least 18. A married couple adopts jointly (MCA 42-1-106). If you are unsure how this applies to your household, the clerk or an attorney can confirm.