What is adoption, and who may adopt in Montana?

Adoption is a legal term for creating a parent-child relationship where it did not previously exist.  An adoption terminates the parental rights and duties of the child’s birth parent, effective immediately. 

The child’s birth parent whose rights are being terminated will still be required to pay any past due child support.

After an adoption, the parties adopting will assume all of the parental rights and duties of the parent-child relationship, including the adopting parent’s duty to pay child support and the adopted child’s right to inherit from the adopting parent.

Many people may wonder who may be able to adopt a child.  The following may adopt:

• A stepparent;
• A husband and wife;
• An unmarried person over age 18;
• A married person over age 18 who is legally separated from his or her spouse and whose spouse and been declared incompetent.

What child can be adopted?  A child can be adopted if:

•  The child has no living parent
•  A parent, the Department of Public Health & Human Services (DPHHS) or an adoption agency with custody of the child consents to the adoption; or
•  The rights of the child’s living parents have been terminated by a Court in Montana or another state.

What kinds of adoption are there in the state of Montana?    There are 4 ways a child can be adopted in Montana:

1. Through a stepparent adoption,
2. Through a placement by a licensed adoption agency,
3. Through a direct parental placement, Or
4. Through a placement by the DPHHS.