Montana § 42-1-105 - Who May Be Adopted
Full text of Montana Montana Code Annotated § 42-1-105 — Who May Be Adopted, with citation guidance and answers to common questions.
§ 42-1-105. Who May Be Adopted
Who may be adopted. (1) A child is legally free for adoption if: (a) the child does not have a living parent; (b) the parental rights of the living parents of the child have been terminated according to the laws of this state or of another jurisdiction; or (c) the living parents, guardian authorized by the court, or department or agency with custody of the child consent to the adoption. (2) An adult may be adopted as provided in 42-4-401 through 42-4-405 . (3) A stepchild may be adopted as provided in 42-4-301 through 42-4-304 and 42-4-309 through 42-4-312 .
Source: official Montana text · Last verified 2026-08-27
Frequently Asked Questions About Montana § 42-1-105
What does Montana Code Annotated § 42-1-105 cover?
Section 42-1-105 ("Who May Be Adopted") 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 § 42-1-105?
A common citation format is "Montana Code Annotated § 42-1-105" (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 § 42-1-105 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.