42-4-403. Consent to adoption. - Montana Statutes

     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.
     (2) The consent of the adoptee and the prospective adoptive parent must:
     (a) be in writing and be signed in the presence of the court or an individual authorized to take acknowledgments;
     (b) state that the parties agree to assume toward each other the legal relationship of parent and child and to have all of the rights and be subject to all of the duties of that relationship; and
     (c) state that the parties understand the consequences that the adoption may have for any right of inheritance, property, or support.
     (3) The consent of the spouse of the prospective adoptive parent:
     (a) must be in writing and be signed in the presence of the court or an individual authorized to take acknowledgments;
     (b) must state that the spouse:
     (i) consents to the proposed adoption; and
     (ii) understands the consequences that the adoption may have for any right of inheritance, property, or support that the spouse has; and
     (c) may contain a waiver of notice of any proceeding for adoption.

     History: En. Sec. 123, Ch. 480, L. 1997.