This pamphlet provides an overview of stepparent adoption. Topics covered include general requirements, obtaining consents, and the legal steps to follow in the adoption process.
Montana USLegal Pamphlet on Stepparent Adoption
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FAQ
The child of a spouse's former husband or wife (a stepchild) is not related by blood to the decedent, and so such children are generally not deemed to be intestate heirs of the stepparent, unless that stepparent actually adopted the stepchild during life.
Montana Step-Parent Adoptions require a number of different legal documents: Petition for Stepparent Adoption; Agreement to Accept Temporary Custody; Waiver of Parental Rights; Consent to Stepparent Adoption; Child's Consent to Stepparent Adoption (if the child is 12 or older).
While you cannot legally surprise your stepparent with the actual adoption, you can certainly make approaching the subject a special occasion. Pick out a beautiful card, serve a professionally decorated cake, or take your stepparent out to dinner.
A stepmother is the woman who married your father but didn't give birth to you. A foster mother is someone you are living with temporarily. An adoptive mother is someone who has taken you as their own child, forever. A biological mother is the woman who gave birth to you.
An adoptive father assumes all the rights he would have if he were the biological father of the child. A step-father, on the other hand, has all the rights the bio-mom would allow him. He has no legal claim to the child.
A stepchild is a child born to or legally adopted by your spouse before your marriage whom you have not legally adopted. If you legally adopt the child, your parent-child relationship is the same as if the child were biologically related to you.
COPIES CAN BE OBTAINED FROM THE DEPARTMENT OF PUBLIC HEALTH AND HUMAN SERVICES, OFFICE OF VITAL RECORDS OR THE COUNTY CLERK & RECORDER'S OFFICE IN WHICH THE ADOPTEE WAS BORN.
Adoptive parents usually have the same rights as biological parents in custody and visitation matters in States that allow second-parent adoption. Stepparent adoption is the legal adoption of a child by the spouse of the child's birth parent.