Montana Code 42-4-403. Consent to adoption
42-4-403. Consent to adoption. (1) Consent to the adoption of an adult or emancipated minor is required only of:
Terms Used In Montana Code 42-4-403
- 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
- Adoptive parent: means an adult who has become the mother or father of a child through the legal process of adoption. 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
- 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
- Property: means real and personal property. See Montana Code 1-1-205
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
- Writing: includes printing. See Montana Code 1-1-203
(a)the adoptee;
(b)the prospective adoptive parent; and
(c)the spouse of the prospective adoptive parent unless:
(i)the spouse and the prospective adoptive parent are legally separated; or
(ii)the court finds that the spouse is not capable of giving consent or is withholding consent contrary to the best interests of the adoptee and the prospective adoptive parent.
(2)The consent of the adoptee and the prospective adoptive parent must:
(a)be in writing and be signed in the presence of the court or an individual authorized to take acknowledgments;
(b)state that the parties agree to assume toward each other the legal relationship of parent and child and to have all of the rights and be subject to all of the duties of that relationship; and
(c)state that the parties understand the consequences that the adoption may have for any right of inheritance, property, or support.
(3)The consent of the spouse of the prospective adoptive parent:
(a)must be in writing and be signed in the presence of the court or an individual authorized to take acknowledgments;
(b)must state that the spouse:
(i)consents to the proposed adoption; and
(ii)understands the consequences that the adoption may have for any right of inheritance, property, or support that the spouse has; and
(c)may contain a waiver of notice of any proceeding for adoption.