Start your research with this quick-reference, and confirm any updates with your local representation.
More in depth information is provided on our Adoption Laws By State page.
Our use of the terms “putting up” or “giving up” does not reflect how we feel about adoptive placement. These terms remain the most widely used search terms for those who are considering adoption for their baby, and we wish to reach all who seek this important information.
Montana isn’t just home to beautiful national parks and mountain ranges; it’s also home to many families seeking adoption opportunities and resources to begin their journey. Whether you are looking to adopt, looking to place your child for adoption, or searching for information about home studies and where to begin the process, the following information will be your guide to all things adoption in Montana.
To get started on your adoption journey, it is important to understand some of the fundamental aspects and frequently asked question about the process. Here are a few things to know when considering adoption in Montana.
To be eligible to adopt a child in Montana, you must be at least 18 years old. A single person or married couple may apply to become Adoptive Parents. All applicants must have sufficient income to support the child and submit a physical examination report as a part of the adoption application.
Expenses related to adoption in Montana range widely depending on the type of adoption you decide to pursue. Are you looking to adopt internationally or domestically? Through a private agency or the foster care system? Depending on what you decide, Adoptive Parents may be asked to cover adoption-related expenses such as:
The Prospective Parents may not pay for the Birth Parent’s education, vehicles, salary, vacations or permanent living.
Anyone who is at least 18 years old and in good mental and physical health may be eligible to become a Foster Paren in Montana. Foster Parents may be of any race, religion, sexual orientation, marital status, and cultural background as long as they meet the following requirements:
An adoption facilitator specializes in matching prospective Adoptive Families with expectant mothers; however, they are usually unlicensed and unregulated.
In Montana, it is only the department or a licensed child-placing agency may assist with any placement of a child.
Click here to read about the difference between adoption agencies, attorneys, and facilitators.
Consent to adoption in Montana must be given by:
Consent will not be necessary from the following:
A parent having custody of the child may give consent after receiving required counseling services and 72 hours after the child’s birth. It must be acknowledged by an officer who is authorized to take acknowledgments and witnessed by a representative of the court, agency or department.
Consent may only be given after the person required to give the consent has:
Consent to adoption may be revoked only if both the person consenting and person adopting agree on the revocation before the final termination of the consenting person’s parental rights. After the finalization, consent may not be revoked.
A ‘Birth Parent’ is a woman who gave birth to the child or the father of genetic origin of the child.
The term ‘Parent’ means the Birth or Adoptive Mother or the Birth, Adoptive, or Legal Father whose parental rights have not been terminated.
The term ‘Putative Father’ means a man who may be a child’s Birth Father but who:
The term ‘Putative Father’ includes an individual who:
In Montana, a Putative Father Registry has been established to inform men who believe they may have fathered a child to receive notice of adoption proceedings for that child or to be notified of the termination of his parental rights.
It is assumed that a man is the Biological Father, therefore granting him parental rights to the child, if he is married to the Birth Mom when the child is born. If the child is born out of wedlock, a man must establish his paternity to have a right in making decisions about adoption proceedings.
Prospective Adoptive Parents in Montana are required to complete a home study before beginning the adoption process and a postplacement assessment after the adoption takes place. Both will assess your ability to provide a safe and stable environment for the child you wish to adopt.
The home study is a critical component to the adoption process. While it is to ensure your home will provide a child with stability, safety, and support, it is also a resource for Prospective Adoptive Parents to asks questions and prepare for the adoption. A home study is ultimately a recommendation as to the fitness of the applicants to become Adoptive Parents.
In Montana, the home study assessment will include a report of the Adoptive Parents:
A criminal background check should also be conducted for everyone, including youth, living in the home.
The Prospective Adoptive Parents and their home will be included in the home study assessment. It will be conducted by the department, a licensed social worker, or a licensed child-placing agency.
In Montana, a home study will not be approved if the person assessing the family finds someone living in the home would cause physical or psychological harm to the child or that the Prospective Adoptive Parents are not suitable to adopt.
For a stepparent or relative adoption, the court may waive both the preplacement home study and postplacement assessment if it finds the adoption to be in the child’s best interest.
Any out-of-home placement of a child outside the State is subject to the provisions of the Interstate Compact on the Placement of Children.
Before the adoption has been finalized, a post placement assessment will take place to ensure the transition into adoption is going well and that the Adoptive Family’s circumstances have not changed to no longer fit the child’s best interest.
In Montana, the post placement assessment and supervision will last at least 6 months. During this time, the social worker will conduct interviews with the Adoptive Parents and their family, as well as observe their relationship with the child. The evaluation will include the following information:
Montana is home to some amazing adoption professionals who are ready to get your journey started. Whether you are interested in adopting a child or seeking resources to place your child for adoption, these professionals will guide you through the legal pathways and offer you support throughout your journey:
Compassionate Hearts Adoption Agency406-681-3127
A Beautiful Choice, Inc.1-888-960-2378
Lutheran Social Services of Montana406-655-5600
Catholic Social Services of Montana406-442-4130
If your adoption journey takes you to Montana, the Treasure State, visit some of it’s most treasured national parks and attractions:
Museum of the Rockies in Bozeman
Grizzly and Wolf Discovery Center in West Yellowstone
Cathedral of St. Helena in Helena
No matter your decision, we appreciate the time you have taken to read about how to adopt in Montana. Adoption Network Law Center wishes you the best of luck and is available to answer any further questions you may have about the adoption process. Call 1-866-602-9541 to speak with one of our amazing team members or visit https://adoptionnetwork.com/ to read more about our services. Whether you’re a soon-to-be Birth Parent or Prospective Adoptive Parent, ANLC wishes you the best on your adoption journey.
Speak with a Specialist 1-800-367-2367