42-4-311. Legal consequences of adoption of stepchild. (1) Except as provided in subsections (2) and (3), the legal consequences of an adoption of a stepchild by a stepparent are the same as the consequences under 42-5-202.

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Terms Used In Montana Code 42-4-311

  • Adoptee: means an adopted person or a person who is the subject of adoption proceedings that are intended to result in the adoptee becoming the legal child of another person. See Montana Code 42-1-103
  • 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
  • Court: means a court of record in a competent jurisdiction and in Montana means a district court or a tribal court. See Montana Code 42-1-103
  • Intestate: Dying without leaving a will.
  • 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)An adoption by a stepparent does not affect:

(a)the relationship between the adoptee and the adoptee’s parent who is the adoptive stepparent’s spouse or deceased spouse;

(b)an existing court order for visitation or communication with a child by an individual related to the adoptee through either parent; or

(c)the right of the adoptee or a descendant of the adoptee to inheritance or intestate succession through or from the adoptee’s former parent.

(3)Failure to comply with an agreement or order is not a ground for challenging the validity of an adoption by a stepparent.