(1) Upon the filing of the petition for adoption by the stepparent, the child's custodial parent shall file consent to adoption executed pursuant to 42-4-304. (2) If the child has attained 12 years of age, the child shall consent to the adoption.
Mont. Code Ann. § 42-4-303, under Stepparent Adoption.
Mont. Code Ann. § 42-4-303
(1) Upon the filing of the petition for adoption by the stepparent, the child's custodial parent shall file consent to adoption executed pursuant to 42-4-304. (2) If the child has attained 12 years of age, the child shall consent to the adoption.