In a step-parent adoption action in Montana, a birth parent may give their parental rights to either the child's stepparent or a member of the child's extended family (such as a grandparent). In a step-parent adoption, certain requirements for other types of adoption are waived.
The child's custodial parent must consent to the adoption by their new spouse. If the other birth parent does not consent, an adoption cannot take place unless a Judge terminates the other birth parent's parental rights (such as for unfitness or non-support of the child). So if the mother is re-married, and wants her new husband to adopt her child, if she consents and the birth father refuses to consent, an adoption will not be allowed unless a Judge terminates the birth father's parental rights for some reason.
A stepparent may adopt their spouse's child if: the spouse has custody of the child and the child has been living with the spouse and stepparent for at least 60 days before the petition for adoption is filed; the spouse has died but previously had custody of the child, and the child has lived mostly with the stepparent for 12 months before the adoption is filed; or the Department of Public Health and Human Services or an agency in Montana has placed the child with the stepparent. The first one listed is probably the most frequently used in a step-parent adoption in Montana.
The court may also allow a person who has the consent of the custodial parent, but is not actually a stepparent, to file a petition for adoption as well.
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