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Adopting in Montana
Adoption in Montana
Montana is untamed, wild and beautiful, where any adult may adopt. Allowances for Birth mothers are quite similar to many other states. Adoptive Families may cover expenses relating to medical, legal, counseling (up to 10 hours), travel and temporary living for the Birth Mom. Montana is home to two incredible national parks, Yellowstone and Glacier National Park.
Home Study Providers in Montana
PairTree Home Study
The Modern Way to Home Study
Adoption Attorneys in Montana
1 Adoption Agencies in MT
1 
AAAA Attorneys in MT
Academy of Adoption & Assisted Reproduction Attorneys
Traveling For Your Adoption in Montana
Length of ICPC
in Montana
1-30 days
Email: mticpc@mt.gov
Montana adheres to the Interstate Compact On The Placement of Children (ICPC) – a uniform law in all 50 States that establishes procedures for the interstate placement of children. The ICPC also places specific responsibilities on those involved in placing the children. The three principle goals of the ICPC are to:
Protect the children being placed.
Ensure that they receive the services they need.
Facilitate permanent placements for those children who are in state custody
Adoption Law FAQ in Montana
Advertising Law Info
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Can adoptive parents advertise for birth parents?
No.
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State Advertising Code of Law
Citation: Ann. Code § 42-7-105(1)(a)
No person, other than the Department of Public Health and Human Services or a licensed child-placing agency, may advertise in any public medium that the person knows of a child who is available for adoption, is willing to accept a child for adoption, or knows of prospective adoptive parents for a child.
Adoption Law Info
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Who Can Adopt?
A single individual 18 years or older, a married couple jointly, the childâs stepparent, and an individual 18 years or older without his/her spouse if they are legally separated or the spouse is deemed incompetent.
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Can out-of-state residents finalize an adoption?
Yes, but proceedings for adoption must be in the district court of the county where petitioners reside.
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Can adopting parents use an adoption facilitator or another paid intermediary?
Yes, but only the State Dept. or a licensed child-placing agency can assist with placement of a child.
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What birth parent expenses may be paid, and in what time period?
Medical, legal, counseling (up to 10 hours for birth mother), travel and temporary living, not including education, vehicles, vacations, permanent housing.
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When does consent become irrevocable? If consent is revoked, is return to birth parent automatic?
After termination of parental rights. If consent is revoked before proceedings are completed, return is automatic (as long as birth parent has custody before proceedings began.)
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Qualifications for Adoptive Parents for adoption
Citation: Ann. Code § 42-1-106; Admin. Rules R. 37.52.104
A husband and wife jointly or an unmarried individual who is at least age 18 may be eligible to adopt a child.
In regulation: The department will not accept adoptive applicants who have current applications before any other licensed adoption agency. The department decides whether applicants will be studied and whether children will be placed. The department may limit adoptive intake according to the number and type of children available for adoption.
Adoptive applicants must:
• Submit to the department a physical examination report as part of the adoption application
• Have sufficient income to provide for an additional child or children
Home Study Info
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Elements of a Home Study for Adoption
Citation: Ann. Code §§ 42-3-203; 42-3-204
A preplacement evaluation must include a review of the following:
• A check of criminal conviction data, data on substantiated abuse or neglect of a child, and data pertaining to any involvement in incidents of domestic violence
• Medical and social history and current health
• An assessment of potential parenting skills
• Ability to provide adequate financial support for a child
• The level of knowledge and awareness of adoption issues, including, when appropriate, matters relating to open, interracial, cross-cultural, and special needs adoptions
• A check of the youth court records of any person living in the prospective home
The preplacement evaluation must include at least one in-home visit with the prospective adoptive parent and at least one interview with each family member.
The preplacement evaluation report must contain the following information if available:
• Age, nationality, racial or ethnic background, and any religious affiliation
• Marital status and family history
• Physical and mental health and any history of abuse of alcohol or drugs
• Education and employment history and any special skills
• Property and income, including outstanding financial obligations
• Whether the individual has been charged with or convicted of domestic violence or has been involved in a substantiated charge of child abuse or neglect or elder abuse or neglect and the disposition of the charges
• Whether the individual is subject to a court order restricting the individualâs right to custody or visitation with a child
• Whether the individual has been convicted of a crime other than a minor traffic violation
• The quality of the environment in the individualâs home and the functioning of other children in the individualâs household -
Grounds for Withholding Approval for Adoption
Citation: Ann. Code § 42-3-205
An evaluator shall assess the information required for the home study to determine if it raises a specific concern that placement of any child or a particular child in the home of the individual would pose a significant risk of harm to the physical or psychological well-being of the child. If an evaluator determines that the information raises a specific concern, the evaluator, based on the original or any further investigation, shall find that the individual is or is not suited to be an adoptive parent. The evaluator shall support the finding with a written explanation. -
When Home Studies Must Be Completed for Adoption
Citation: Ann. Code §§ 42-3-201; 42-3-204
A child may not be placed for purposes of adoption unless the person with whom a child is proposed to be placed has had a preplacement evaluation completed to determine fitness and readiness as an adoptive parent.
A preplacement evaluation is valid for 1 year following its date of completion and must be updated if there is a significant change in circumstances. -
Postplacement Study Requirements for Adoption
Citation: Ann. Code §§ 42-4-112; 42-4-113; 42-4-205; 42-4-209
In a direct parental placement adoption, the court shall order a 6-month postplacement supervision and a postplacement evaluation. The postplacement evaluation period must be supervised and evaluated by a licensed social worker or other qualified person.
An evaluation must be based on a personal interview with the prospective adoptive parent in his or her home and an observation of the relationship between the child and the adoptive parent. At a minimum, the evaluation must include the following information:
• An assessment of adaptation by the adoptive parent to parenting the child
• An assessment of the health and well-being of the child
• The level of incorporation by the child into the adoptive parent(s)â home
• An account of any change in the adoptive parent(s)â marital status or family history, physical or mental health, home environment, property, income, or financial obligations since the filing of the preplacement evaluation
The evaluation must contain a definite recommendation stating the reasons for or against the proposed adoption.
For a department or agency placement, the department or agency shall supervise and evaluate the placement during a 6-month postplacement evaluation period. The evaluation must include the following information:
• Whether the child is legally free for adoption
• Whether the proposed home is suitable for the child
• A statement that the medical and social histories of the birth parents and child have been provided to the adoptive parent
• An assessment of adaptation by the adoptive parent to parenting the child
The evaluation must contain a definite recommendation stating the reasons for or against the proposed adoption.