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.
History: En. Sec. 5, Ch. 480, L. 1997; amd. Sec. 1, Ch. 257, L. 1999.
Structure Montana Code Annotated
Chapter 1. General Adoption Provisions
Part 1. Adoption Policy and Procedures
42-1-107. Adoption prohibited if child not legally free
42-1-108. Rights and responsibilities of parties in adoption proceedings
42-1-109. Need for finality -- balancing of interests
42-1-110. Presumed knowledge that child may be adopted without notice