In this answer · 3 sections
Your question, explained
You file where YOU and the child live — not where the biological parent lives. If you live in another state but the biological parent is in Montana, the adoption is filed in YOUR state, not Montana.
However, if you and the child live in Montana:
- You file in Montana District Court
- The biological parent can be served anywhere — in Montana or in another state
- The adoption follows Montana law regardless of where the other parent lives
- 0 months residency required (Mont. Code Ann. § 42-1-103)
If the biological parent lives in Montana and you live elsewhere:
- You file in YOUR state's court
- The biological parent is served at their Montana address
- Montana's laws do not govern — your state's laws do
- Contact us and we'll prepare documents for your state
Cross-state service of process:
- A sheriff or process server in Montana can serve the biological parent
- If the parent is cooperative, they can sign consent and have it notarized in Montana
- If the parent's location in Montana is unknown, service by publication may be used
Cost: $349 regardless of which state | Call (855) 924-0450 to discuss your multi-state situation.
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
Published by Douglas Brown & the StepParent Adoption 360 team
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.
Get to know our team →