Legal Question in Family Law in Montana

Ultimately, it is up to the child's mother to consent to the adoption. Adoption, like biological parenting, forever links the parents to each other through the child. So whether you can adopt this child depends on the mother's consent. Father's rights are already terminated IF the court ordered them terminated. If Father merely wrote to Mother "I give up my rights," they are not terminated, but he could file a consent to relinquish.

By adopting the child, you are accepting all the responsibilities that go with parenting and supporting the child financially, psychologically, emotionally, the child's right to inherit, etc. -- and you have parental rights to all the joys of parenting which are too numerous to mention here.