Montana Adoption
Montana permits the following types of adoptions in addition to public adoptions:
Adoption Type |
Yes/No |
Private Agency |
Yes |
Private Attorney |
No |
Independent |
Yes |
Adoption Statute-Non-Agency; Independent; Private Adoptions:
-
42-4-202, MCA
-
42-4-101, MCA
Public
Public Adoptive Placement-Requirements:
Adoptive parents must be at least 18 years of age; be physically, mentally,and emotionally competent to care for children; like and understand children; be in good general health; be of good moral character; be able to demonstrate the adoptive home has sufficient resources to meet the needs of their existing family; comply with state laws including those that relate to the possession or use of drugs, alcohol, tobacco, and firearms; and have lived together for at least 24 months unless an exception is granted. No person residing in or visiting the adoptive home may pose a risk or threat to the safety and well being of children in the home. Adoptive parents must complete an application, a home study, training, and criminal and child protection checks.
Adoption Assistance
Adoption assistance payments begin:
- Other : can be at placement or finalization depending on the circumstances of the case
Sending State Adoption Subsidy Payments (Guidelines):
Special Needs
Montana definition of "Special Needs":
A child who is a dependent of a public or voluntary licensed child placement agency and meets at least one of the following criteria: (1) diagnosed as having a physical, mental, or emotional disability, (2) recognized to be at high risk of developing a physical, mental, or emotional disability, (3) a member of a minority group, (4) six years of age or older, or (5) a member of a sibling group to be placed together for adoption
Finalization
Adoption may be finalized in another state:
Before finalization can occur in Montana, child must be in adoptive placement:
the six-month waiting period may be waived by the court in Department or licensed child-placing agency adoptions only, 42-4-205, MCA.
Statutory code/cite for Adoption Petition:
Court Jurisdiction for Adoption Cases:
Home Study (Adoptions)
Statutory code/cite for the Adoptive Home Studies: