## Step-parent adoption in Montana **Step-parent adoption** lets a step-parent become the legal parent of a stepchild. It's the most common form of adoption — and significantly simpler than agency or international adoption. ## Effects of step-parent adoption **For the child:** - New legal parent (with all rights + responsibilities) - Inheritance rights from step-parent's family - Step-parent's surname (typically) - Continuity if biological parent dies / divorces - Insurance + benefits eligibility - Social security survivor benefits if step-parent dies **For the step-parent:** - Full legal parental rights - Custody rights independent of spouse - Decision-making authority - Survivors of estate - Tax treatment as legal parent **For the non-custodial biological parent:** - TERMINATION of all parental rights - No more child support obligation (going forward) - No visitation rights - No legal parent status - Cannot be reversed easily ## Who can adopt — step-parent eligibility **Generally:** - Married to legal parent - Some states allow unmarried partners - Adult (over 18 / 21 depending on state) - Of good moral character - Mentally + physically able to parent - Some states require minimum age difference from child ## Termination of biological parent's rights — THE KEY ISSUE **Three common paths:** **1. Consent (easiest):** - Biological parent voluntarily relinquishes - Written consent + court appearance (sometimes) - Often involves child-support negotiation - Some states require waiting period - Can be revoked within window in many states - Sometimes used to escape support obligation (often blocked by court) **2. Abandonment:** - Failure to communicate with / support child for extended period - Time period varies (6 months - 2 years typical) - Both communication AND support typically required - Can be defended (e.g., custodial parent prevented contact) - Court must find by clear and convincing evidence **3. Unfitness:** - Severe parenting problems - Drug / alcohol abuse - Domestic violence / child abuse - Incarceration (often required for specified term) - Mental illness rendering unable to parent - Higher burden than abandonment **Other paths in some states:** - Failure to register (putative father registry) - Conviction of certain crimes against child - Long-term incarceration - Failure to support during pregnancy ## Putative father registry issues **Many states have putative father registries:** - Unmarried biological fathers must register to assert rights - Failure to register may waive rights - Time limits run from birth (often 30 days) - Different rules for known vs unknown fathers - Affects adoption process ## Process **1. Consultation with attorney:** - Assess situation (consent vs contested) - Estimate cost + timeline - Discuss biological parent's likely response **2. Notice to biological parent:** - Required in almost all cases - Service of process - Opportunity to consent or contest - Some states require certified attempt **3. Consent or contest:** - If consent → proceed quickly - If contest → termination hearing **4. Background check:** - Criminal history - Sometimes home study (less common for step-parent) - References **5. Termination hearing (if contested):** - Evidence of grounds for termination - Biological parent's response - Best-interests-of-child analysis - Court ruling **6. Adoption hearing:** - Often combined with or follows termination - Court approves adoption - New birth certificate ordered - Step-parent + spouse appear - Child appears (depending on age) - Often quick + ceremonial when uncontested **7. Post-adoption:** - New birth certificate - Update SSA, schools, insurance - Inheritance rights vested - Step-parent now legal parent ## Older children — consent often required **Most states require older child's consent to adoption:** - Age varies (10-14 typical threshold) - Court interview - Considers child's wishes - Doesn't override best-interests analysis ## Time limits + waiting periods **${s.name} may require:** - Specific marriage duration - Specific living-with-child duration - Specific consent revocation period - Mandatory waiting period ## Costs **Typical step-parent adoption costs:** - Uncontested: $1,500-$5,000 - Contested: $10,000-$50,000+ - Court costs: $200-$500 - Background check fees - Service-of-process fees - Filing fees - Updated birth certificate fees ## Common challenges **Locating biological parent:** - Service by publication (last resort) - Diligent search required - May delay process months **Contested adoption:** - Biological parent objects - Termination of rights challenged - Significant evidence required - Court hearings + appeals possible - Years sometimes **Putative father issues:** - Unknown father - Father not on birth certificate - Registry compliance - DNA testing sometimes required **Out-of-state biological parent:** - Service issues - Different state's law may apply - ICPC for child placement - Coordination challenges **Native American children:** - Indian Child Welfare Act (ICWA) - Tribal notice required - Tribal court jurisdiction possible - Higher placement preferences - Significant federal protections ## Same-sex partner step-parent adoption **Post-Obergefell:** - Same-sex married couples have full rights - Step-parent adoption protects non-biological parent - Recommended even with marriage + presumption of parenthood - Provides certainty across state lines - More secure than relying on parentage presumption alone ## What you should do If you're considering step-parent adoption in Montana: consult a family-law attorney specializing in adoption. Most Montana family attorneys handle step-parent adoptions on flat-fee basis ($1,500-$3,000 uncontested). If biological parent is unknown / abusive / absent, get realistic estimate of timeline + cost early. --- *This guide is general information about Montana law as of mid-2026 and is not legal advice. Adoption procedures vary widely by state. Talk to a licensed Montana family / adoption attorney about your specific situation.*