State Laws and Legislation

Montana Adoption Law

Permits single LGBT individuals to petition to adopt? Yes.
Montana law allows an unmarried adult or husband and wife to petition to adopt. MONT. CODE ANN. § 42-1-106.

Permits a same-sex couple to jointly petition to adopt? No explicit prohibition.
State law provides that a husband and wife may jointly petition to adopt, and does not explicitly provide for joint adoption by other couples.  No state court has heard the issue of whether same-sex couples can or can not jointly petition to adopt.

Permits a same-sex partner to petition to adopt partner’s child or child of the relationship? No explicit prohibition.
There is no explicit prohibition, but no state court has heard the issue of whether a same-sex partner can or can not petition to adopt a partner’s child or child of the relationship.

The legal information provided on this page is provided as a courtesy to the public. It is not designed to serve as legal advice. HRC does not warrant that this information is current or comprehensive.

Updated: Thu, December 10, 2009 - 12:00:30