Montana § 42-4-304 - Consent To Adoption -- Stepparent's Spouse
Full text of Montana Montana Code Annotated § 42-4-304 — Consent To Adoption -- Stepparent's Spouse, with citation guidance and answers to common questions.
§ 42-4-304. Consent To Adoption -- Stepparent's Spouse
Consent to adoption -- stepparent's spouse. (1) A consent to adoption executed by a parent who is the stepparent's spouse must be signed in the presence of an individual authorized to take acknowledgments. (2) A consent must be in writing and must state that: (a) the parent executing the consent has legal and physical custody of the child and voluntarily and unequivocally consents to the adoption of the child by the stepparent; (b) the adoption will not terminate the parental relationship between the parent executing the consent and the child; and (c) the parent executing the consent understands and agrees that: (i) the adoption will terminate the relationship of parent and child between the child's other parent and the child and will terminate any existing court order for custody, visitation, or communication with the child; (ii) the child and any descendant of the child will retain rights of inheritance from or through the child's other parent; and (iii) a court order for visitation or communication with the child by an individual related to the child through the parent executing the relinquishment or an agreement or order concerning another individual that is approved by the court survives the decree of adoption, but that failure to comply with the terms of the order or agreement is not a ground for revoking or setting aside the consent or the adoption.
Source: official Montana text · Last verified 2026-08-27
Frequently Asked Questions About Montana § 42-4-304
What does Montana Code Annotated § 42-4-304 cover?
Section 42-4-304 ("Consent To Adoption -- Stepparent's Spouse") 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 § 42-4-304?
A common citation format is "Montana Code Annotated § 42-4-304" (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 § 42-4-304 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.