Mont. Code Ann. » TITLE 42. ADOPTION · CHAPTER 2. ADOPTION OF CHILD · Part 3. Consent for Adoption
Montana Code Annotated

Mont. Code Ann. § 42-2-301 (2026)

Consent Required

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 42
  3. CHAPTER 2
  4. Part 3
  5. 42-2-301 Consent required

TITLE 42. ADOPTION

CHAPTER 2. ADOPTION OF CHILD

Part 3. Consent for Adoption

Consent Required

42-2-301. Consent required. An adoption of a child may be decreed when written consents to adoption have been executed by:

(1) the birth mother;

(2) the husband of the birth mother if the husband is the presumed father of the child under 40-6-105;

(3) any other person whose parental rights have been established by a court;

(4) the department or an agency that has custody of the child and the authority to place the child for adoption;

(5) the legal guardian of the child if both parents are dead or their rights have been judicially terminated and the guardian has authority by order of the court appointing the guardian to consent to the adoption;

(6) the child, either in writing or in court, if the child is 12 years of age or older unless the child does not have the mental capacity to consent.

History: En. Sec. 39, Ch. 480, L. 1997.

Notes of Decisions
Cited in 7 cases (2 in the last 5 years), 2002–2026 · leading case: State v. Ellis, 2009 MT 192 (Mont. 2009).
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State v. Ellis, 2009 MT 192 (Mont. 2009). · cites it 2× “Sections 42-2-301 and 40-4-219, MCA. A child of twelve can be sentenced as an adult for certain crimes.”
In Re the Adoption of K.P.M., 2009 MT 31 (Mont. 2009). · cites it 2× “There B.J.M. argued that S.J.D.'s petition was "deficient" because S.”
In Re the Adoption of C.W.D., 2005 MT 145 (Mont. 2005). · cites it 2× “Parental rights to a child may be judicially terminated by a variety of means, including the granting of a petition for termination based on a court’s determination that the parent is unfit.”
Matter of K.S., YINC, 2026 MT 105N (Mont. 2026). · cites it 5× “¶16 In response, the Department advocates that although §§ 41-3-444(4) and 72-5-231(3), MCA, allow the guardian to consent to the adoption of the ward, § 42-2-301(5), MCA, limits when the guardian of a ward may consent to the adoption.”
In Re the Adoption of X.K.D., 2025 MT 214N (Mont. 2025). · cites it 3× “Section 42-2-301(5), MCA, provides that the consent of the legal guardian of the child is necessary “if both parents are dead .”
In Re the Adoption of P.T.H., 2015 MT 316 (Mont. 2015). · cites it 5× “Section 42-2-301, MCA. Parental consent to an adoption is not required if there is a judicial determination that the parent is unfit.”
Matter of Adoption of A.J.R., 2002 MT 217N (Mont. 2002). · cites it 2× “See § 42-2-301, MCA. However, consent to adoption is not required from a parent whose parental relationship to the child has been judicially terminated.”
Mont. Code Ann. § 42-2-301(5): 2 cases
Matter of K.S., YINC, 2026 MT 105N (Mont. 2026). “¶16 In response, the Department advocates that although §§ 41-3-444(4) and 72-5-231(3), MCA, allow the guardian to consent to the adoption of the ward, § 42-2-301(5), MCA, limits when the guardian of a ward may consent to the adoption.”
In Re the Adoption of X.K.D., 2025 MT 214N (Mont. 2025). “Section 42-2-301(5), MCA, provides that the consent of the legal guardian of the child is necessary “if both parents are dead .”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.