42-4-303. Consent to adoption. (1) Upon the filing of the petition for adoption by the stepparent, the child‘s custodial parent shall file consent to adoption executed pursuant to 42-4-304.

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Terms Used In Montana Code 42-4-303

  • Adoption: means the act of creating the legal relationship between parent and child when it does not exist genetically. See Montana Code 42-1-103
  • Child: means any person under 18 years of age. See Montana Code 42-1-103
  • Parent: means the birth or adoptive mother or the birth, adoptive, or legal father whose parental rights have not been terminated. See Montana Code 42-1-103

(2)If the child has attained 12 years of age, the child shall consent to the adoption.