Under Montana law, “adoption" is defined as the act of creating the legal relationship between parent and child when it does not exist genetically. Adoption proceedings in the state of Montana focus primarily on the well-being and best interests of the adopted child.
Individuals who may be adopted include a “legally free for adoption” child, stepchild, emancipated child, or in some circumstances, an adult. Types of adoption include direct parental placement, stepparent adoption, and adoption through DPHHS or other licensed agency.
Adoption proceedings pertaining to an Indian child (as defined in the Indian Child Welfare Act, 25 USC Ch. 21) are subject to that act.