42-1-106. Who may adopt. The following individuals who otherwise meet the requirements of this title are eligible to adopt a child:

Terms Used In Montana Code 42-1-106

  • Child: means any person under 18 years of age. See Montana Code 42-1-103
  • Parent: means the birth or adoptive mother or the birth, adoptive, or legal father whose parental rights have not been terminated. See Montana Code 42-1-103

(1)a husband and wife jointly or either the husband or wife if the other spouse is a parent of the child;

(2)an unmarried individual who is at least 18 years of age; or

(3)a married individual at least 18 years of age who is legally separated from the other spouse or whose spouse has judicially been declared incompetent.