40-6-411. Rights of parents -- custody action. (1) Any person alleging to be the biological parent of a newborn who was surrendered to an emergency services provider under 40-6-405 may, within 60 days of the date of surrender of the newborn, file an action with the court for custody pursuant to 40-4-211.
(2) Before making a custody decision, the court shall determine whether the individual filing the custody action is the newborn's biological parent under the provisions of part 1 of this chapter. A determination of the existence or nonexistence of the child-parent relationship is determinative as provided in 40-6-116.
(3) The putative father registry provisions under Title 42, chapter 2, part 2, apply to any court proceeding under this part.
History: En. Sec. 8, Ch. 277, L. 2001.
Structure Montana Code Annotated
Part 4. Montana Safe Haven Newborn Protection Act
40-6-403. Court jurisdiction -- hospital immunity
40-6-404. Immunity for fire department and law enforcement agency
40-6-405. Surrender of newborn to emergency services provider -- temporary protective custody
40-6-406. Medical care -- report of abuse or neglect -- report to department
40-6-408. through 40-6-410 reserved
40-6-411. Rights of parents -- custody action
40-6-412. Custody action -- newborn's best interest
40-6-413. Custody action -- order
40-6-414. Presumption of waiver of parental rights -- department to file petition
40-6-416. Reimbursement of medical expenses
40-6-417. Surrender to emergency services provider as bar to criminal prosecution