{"id":374565,"date":"2016-03-31T21:35:49","date_gmt":"2016-04-01T02:35:49","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/montana-law\/montana-adoption-laws.html"},"modified":"2024-11-04T15:24:34","modified_gmt":"2024-11-04T20:24:34","slug":"montana-adoption-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/montana-law\/montana-adoption-laws.html","title":{"rendered":"Montana Adoption Laws"},"content":{"rendered":"\n
\n \n
\n

Montana Adoption Laws<\/h1>\n
\n
\n By Susan Buckner, J.D.<\/a> | Legally reviewed by FindLaw Staff<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
\n

This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
\n

The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Montana state laws protect the rights of the birth parents, the prospective adoptive parents, and the adopted children. Montana’s adoption proceedings are like those of other states. Both birth parents must consent to the adoption if they are available. All adoptive parents must consent. Montana allows single parents to adopt.<\/p>\r\n

This article will examine all aspects of the adoption process in Montana. Explore FindLaw’s Adoption section<\/a> for additional articles and resources.<\/p>\r\n

Types of Adoptions in Montana<\/b><\/h2>\r\n

Montana recognizes several types of adoptions<\/a>. These adoptions have code sections and differing requirements for the adoptive family and the court.<\/p>\r\n

Direct parental placement:<\/b> For direct placement of a child<\/a>, a parent (often the birth mother) can have their child adopted by someone they know. The person must live in Montana and have already received a preplacement evaluation. For direct placement, the parent must still undergo pre-adoption counseling and provide information about the other parent if necessary.<\/p>\r\n

Agency adoption:<\/b> Parents may place a child for adoption with a licensed adoption agency<\/a> or the Department of Public Health and Human Services (DPHHS)<\/a>. Parents must provide all necessary information about the child. This includes the identity of the birth mother or birth father if they are not the ones surrendering the child.<\/p>\r\n

Stepparent adoption:<\/b> A stepparent may adopt the child<\/a> of their spouse under certain conditions:<\/p>\r\n