US Legal Forms
Legal Resources
Questions & Answers
Adoption
Do we need the child's consent to adopt a 12-year-old in Montana?

Do we need the child's consent to adopt a 12-year-old in Montana?

Q: What is the oldest age I can be adopted?

There is no maximum age limit for adoption in Montana. Adults can be adopted, and the process is similar to that of adopting a minor. However, the adoption must still follow legal procedures, including obtaining consent from the individual being adopted if they are of legal age.

Q: Can a 14 year old choose to be adopted?

Yes, in Montana, a 14-year-old can express their preference regarding adoption. However, their consent is required for the adoption to proceed, provided they have the mental capacity to understand the implications of their decision.

Q: How old do you have to be to adopt a child in Montana?

In Montana, you must be at least 18 years old to adopt a child. Additionally, prospective adoptive parents must meet other requirements, such as being financially stable and passing background checks, to ensure a safe environment for the child.

Full question:

I am thinking to adopt a 12-year-old boy. I have already had a couple of meetings with the child. Do we need to get his consent? Please tell us about the Montana law in this regard.

Category: Adoption
Subcategory: Consent of Minor
Date: 04/07/2025
State: Montana

Answer:

Yes, you may need to obtain the child's consent since he is 12 years old. In Montana, if a child is 12 or older and has the mental capacity to consent, you must get their consent either in writing or in court. According to Montana law (42-2-301, MCA), the adoption can proceed only after obtaining written consents from the necessary parties, which includes the child if they are 12 years of age or older, unless they lack the mental capacity to consent.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

At what age can a child be adopted without parental consent?

In Montana, a child can be adopted without parental consent if they are 18 years old or older. For children under 18, parental consent is generally required unless certain legal conditions are met, such as the parents being unfit or having their rights terminated. It's important to consult with a legal professional for specific cases.

What is informed consent for adoption?

Informed consent for adoption means that all parties involved, including the birth parents and the child (if applicable), understand the adoption process and its implications. They must voluntarily agree to the adoption after being fully informed of their rights and the consequences of their decision. In Montana, a child's consent is necessary if they are 12 years or older and have the mental capacity to consent.