Montana Adoption Laws Every Prospective Parent Should Know
Montana is an idyllic place to raise a family. Fresh air, a collective love of the outdoors, and a steady economy create the perfect backdrop for helping adopted children learn, grow, and play.
However, it’s not all rainbows, unicorns, and sunshine for every adoptive parent, as the process can feel incredibly overwhelming at times. Like every other state, Montana has implemented legislation that regulates the adoption process, including who may adopt and how the adoption finalizes.
In this post, Dillon family law attorney, Marta N. Farmer, discusses the Montana adoption laws every prospective parent should know as well as other helpful information that can support you in your adoption journey.
An Overview of Montana Adoption Eligibility and Availability Laws
Adoption is a legal process for establishing a parent-child relationship between unrelated individuals. It also legally, formally, and officially terminates the birth parent’s parental rights and obligations. After finalization, the adoptive parent assumes all rights and obligations of a Montana parent.
Below, we’ve outlined a brief overview of critical adoption laws that every prospective parent should know:
Child Adoption Eligibility
Per § 42-1-105, MCA, you may adopt a child who is free for legal adoption in Montana that:
· Does not have living parents, or
· Living biological parents waived their rights, or
· Legal consent occurs, or
· Is a step-child
Individuals Permitted to Adopt
Montana’s family laws allow the following individuals to adopt a child per § 42-1-106, MCA:
· Husbands and wives jointly
· Step-parents married to biological parents
· Unmarried adults
Types of Montana Adoptions Available
Prospective parents in Montana may adopt a child in one of four ways:
· Option 1. Direct parental placement
· Option 2. Licensed adoption agency placement
· Option 3. Public service placement
· Option 4. Step-parent adoptions
· Option 5. Adult adoption
Why Do Adult Adoptions Occur?
While adult adoption is uncommon, it affords the adopter and adoptee critical legal rights in Montana, including inheritance rights, solidifying a parental relationship, or providing care for a disabled person.
Adoption Involves Terminating Birth Parent Parental Rights
Parental rights termination is a legal process where the court ends the relationship between a legal parent or guardian and their child. As such, the parent-child relationship no longer exists.
Under § 42-2-617, MCA, the final court order grants the following:
· Termination of the birth parent-biological child relationship
· Termination of jurisdiction over dissolution or separate maintenance actions involving the child
· Extinguishing the birth parent rights to withhold adoption consent
· Awarding child custody to the adoptive parent or agency
· Delegating child support responsibilities to the adoptive parent or agency
This outcome is ideal for adoptive parents and children since it finalizes and formalizes the relationship. It also supports the provision contained in § 42-1-109, MCA which states the following:
“Finality is necessary in order to facilitate the state’s compelling interest. The legislature finds that the interests of the child outweigh the interests of the state, the mother, the adoptive parents, and a birth father who is not married to the child’s mother.”
Tax Implications of Adopting a Child
You can claim qualified adoption expenses on your income tax return thanks to the 2013 Federal Adoption Tax Credit (ATC). For 2020, you can claim up to $14,300 per child. There are rules regarding applying your tax credit, so ensure that you check out this IRS.gov web page for more information.
Must-Read Books for Montana Parents Considering Adoption
The adoption process doesn’t come with a user manual, so it is natural to have many questions about the process, maybe even ones that no one knows how to answer. While Montana’s family laws help us make important decisions in the best interests of a child, prospective parents may want to address matters of the heart and mind from people who have deep insight into adoption.
According to Adoption.com, there are seven tried and true books that you may want to check out :
1. Seven Core Issues in Adoption and Permanency by Sharon Roszia & Allison Maxon
2. All You Can Ever Know: A Memoir by Nicole Chung
3. Twenty Things Adoptive Kids Wish Their Adoptive Parents Knew by Sherrie Eldridge
4. Modern Families: Parents and Children in New Family Forms by Susan Golombok
5. The How & The Why by Cynthia Hand
6. Being Adopted: The Lifelong for Search for Self by David M. Brodzinsky, Marshall D. Schechter, and Robin Marantz Henig
7. The Harris Narratives by Susan Harris O’Connor
The above-listed recommendations can help you navigate the adoption process from a social, emotional, and expectation-management standpoint, regardless of where you’re at in your journey.
How a Montana Family Lawyer Can Support the Adoption Process
The legal proceedings for adoption can be lengthy, depending on the type of adoption sought. That is why many individuals choose to work with a Montana family lawyer during the adoption process.
Below, we’ve outlined a few advantages of hiring legal representation:
Advantage 1. No Unnecessary Legal Delays
The time required to complete an adoption will vary according to various factors. For example, step-parent adoptions are typically less complicated and take less time than adopting an unrelated child from another country. However, legal representation ensures that you avoid unnecessary delays by preventing errors and promptly following up on your case as issues arise.
Advantage 2. Personalized Legal Advice
The rights of adoptive parents and birthparents are complex. As such, it is critical to understand your rights and responsibilities. Experienced adoption attorneys can provide you with relevant information while protecting your legal rights throughout the adoption process.
Advantage 3. Representation at Hearings
Adoption placement hearings are a legal process required at various points in your case, including direct parental placement and finalization. While many cases close without incident, it’s still possible for legal issues to arise. By retaining a family law attorney early in the adoption process, you will have someone in your corner already familiar with the specifics of your case and can represent you at any adoption hearings.
Where to Find Supportive, Compassionate Adoption Legal Services in Montana
If you are considering adoption as a birth parent, please get in touch with the Law Offices of Marta N. Farmer, PLLC. An experienced Montana family law attorney in our Dillon office will take the time to understand your situation and provide personalized recommendations from a supportive position. Start this exciting conversation with us today by calling (406) 529-2764 or messaging Marta directly here.
We look forward to meeting you!