Montana State Law on Adult Adoption

State Law on Adult Adoption

Montana

Summary: An adult may be adopted, with consent.

Most Relevant Montana Statutes:
§ 42-4-401
§ 42-4-402
§ 42-4-403

42-4-401. Adoption of adult.

A person who has attained the age of legal majority may be adopted without the consent of the person's parents.

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42-4-402. Who may adopt adult or emancipated minor.

(1) An adult may adopt another adult or an emancipated minor pursuant to this section. However, an adult may not adopt the adult's spouse. An adoption of an incompetent individual of any age must comply with all requirements set by law for the adoption of a child.

(2) An individual who has adopted an adult or emancipated minor may not adopt another adult or emancipated minor within 1 year after the adoption unless the prospective adoptee is a sibling of the adoptee.

42-4-403. Consent to adoption.

(1) Consent to the adoption of an adult or emancipated minor is required only of:

(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.