Montana § 42-1-105 Who May Be Adopted

Montana Statutes

§ 42-1-105 — Who May Be Adopted

Montana § 42-1-105

Title 42ADOPTION

Ch. 1GENERAL ADOPTION PROVISIONS

Part 1Adoption Policy and Procedures

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Bluebook

Mont. Code Ann. § 42-1-105 (2026).

Text

42-1-105 . Who may be adopted.

(1)A child is legally free for adoption if:

(a)the child does not have a living parent;

(b)the parental rights of the living parents of the child have been terminated according to the laws of this state or of another jurisdiction; or

(c)the living parents, guardian authorized by the court, or department or agency with custody of the child consent to the adoption.

(2)An adult may be adopted as provided in 42-4-401 through 42-4-405 .

(3)A stepchild may be adopted as provided in 42-4-301 through 42-4-304 and 42-4-309 through 42-4-312 .

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42-1-105 . Who may be adopted. (1) A child is legally free for adoption if:
(a) the child does not have a living parent;
(b) the parental rights of the living parents of the child have been terminated according to the laws of this state or of another jurisdiction; or
(c) the living parents, guardian authorized by the court, or department or agency with custody of the child consent to the adoption.
(2) An adult may be adopted as provided in 42-4-401 through 42-4-405 .
(3) A stepchild may be adopted as provided in 42-4-301 through 42-4-304 and 42-4-309 through 42-4-312 .