What if both biological parents want to give up their rights — can my spouse and I adopt in Montana?

If both biological parents are willing to terminate their rights, adoption by a non-parent (like two stepparents or a couple) is possible — but this is different from standard stepparent adoption.

Standard stepparent adoption:

• Your spouse is the child's biological parent and KEEPS their rights
• Only the OTHER biological parent's rights are terminated
• Your spouse + you = the child's two legal parents

When both parents want to relinquish:

• This is more like a private adoption or relative adoption
• Different legal requirements may apply
• Home study is almost always required
• The court scrutinizes more carefully when both parents are terminated
• A social services assessment may be needed

If your spouse IS one of the biological parents:

• Then this IS standard stepparent adoption — your spouse keeps their rights, you adopt
• Only the other biological parent needs to consent or be found to have abandoned
• Standard process in District Court

If neither of you is a biological parent:

• This requires a different adoption pathway
• Home study required, different petition form
• We can still help — same $349 fee
• Call (855) 924-0450 to discuss the specifics

Make sure you are clear about the family structure when completing the questionnaire. We will prepare the right documents for your situation.