Montana § 42-4-403 - Consent To Adoption
Full text of Montana Montana Code Annotated § 42-4-403 — Consent To Adoption, with citation guidance and answers to common questions.
§ 42-4-403. Consent To Adoption
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.
Source: official Montana text · Last verified 2026-08-27
Frequently Asked Questions About Montana § 42-4-403
What does Montana Code Annotated § 42-4-403 cover?
Section 42-4-403 ("Consent To Adoption") is part of the Montana Code Annotated, the codified statutory law of Montana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Montana § 42-4-403?
A common citation format is "Montana Code Annotated § 42-4-403" (Montana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Montana law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Montana official source linked on this page or consult a licensed Montana attorney.
How does Montana § 42-4-403 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Montana can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Montana.