Can I Adopt in Montana?
Applicants must be at least 18 years old or older. You can own or rent a home. Parents can be single, married, or divorced. If married, the couple must live together for 24 months before adopting. Applicants must have a solid source of income to provide for a growing family without the inclusion of adoption subsidies. Parents must provide professional references, pass a criminal background check, complete pre service training, and successfully complete an adoption home study. Their home must also be inspected for safety.
What Adoption Regulations Exist in Montana?
Advertising: Only the department and licensed child placing agencies may advertise in any public medium that a child is available for adoption, that a person is willing to accept an adopted child, or knows of adoptive parents for a child. Only the department and licensed child placing agencies may engage in placement activities. § 42-7-105(1)(a)(b); 52-8-101
Relinquishment: Birth parents must receive adoption counseling and wait at least 72 hours after the birth of their child to give consent. Birth parents and adoptive parents (or any other adoption party) may mutually agree to revoke consent before the termination of parental rights. After termination of parental rights, birth parents cannot revoke consent. § 42-2-408; 42-2-410
Birth parent expenses: Hopeful adoptive parents may pay for the following adoption services for birth parents: medical services, prenatal care, counseling for voluntary relinquishment (not to exceed 10 hours), legal fees, and other adoption related expenses. § 42-7-101(1); 42-7-102(1), (2).
Post-adoption contact agreements: The placing parent and adoptive parent may enter into an agreement establishing the amount of contact between the two parties after adoption finalization. The contact agreement is legally enforceable so long as it is in writing and the court agrees the contact agreement is in the child’s best interest. § 42-5-301
Birth father rights: Unmarried fathers who submit their information to the putative father registry in Montana gain the right to receive notice of adoption proceedings. § 42-2-202; 42-2-203; 42-2-204
Finalization: Out of 230 adoptions completed in 2014, the average time between TPR and adoption finalization was 13.2 months. (acf.hhs.gov)
Review Montana adoption laws in detail.
Is Adoption Assistance Available in Montana?
Many of the children waiting to be adopted in Montana have special needs. Federal (Title IV-E) and state (non-IV-E) programs exist to help adoptive parents meet their child’s needs. In Montana, the maximum daily amount ranges from $18.36-21.94. For more information please visit NACAC.org.
Can I adopt a Child from another country?
It is always possible to adopt a child from another country, even if you live in the United States. Children under 18 adopted from a Hague Convention country entering the U.S. with an IH-3 visa may automatically receive U.S. citizenship.
Children adopted from a non convention country must qualify as orphans before receiving U.S. citizenship. When U.S. citizens finalize an adoption abroad, they must apply to the USCIS for an IR-3 visa for the child. An IR-3 visa classifies the child as an immigrant and provides the child with citizenship upon arrival in the States.
Parents wishing to receive a State birth certificate for their child must submit a validation or readoption of a foreign adoption to a State court.
Adoptions in Montana can be completed through the Department of Health and Human Services.
Applicants must be at least 18 years old. You can own or rent. Parents can be single, married, or divorced. You must complete a home study.
Only the department and licensed child placing agencies may advertise that a child is available for adoption, that a person is willing to accept an adopted child, or knows of adoptive parents for a child.
Birth parents must receive adoption counseling and wait at least 72 hours after birth to give consent. After termination of parental rights, birth parents cannot revoke consent.
The contact agreement is legally enforceable so long as it is in writing and the court agrees the contact agreement is in the child’s best interest. A putative father registry does exist.
The average time between TPR and adoption finalization in 2014 was 13.2 months.