42-2-402. Voluntary relinquishment -- validity. (1) A voluntary relinquishment is not valid unless the parent specifically relinquishes custody of the child to the department, a licensed child-placing agency, or a specifically identified prospective adoptive parent and:
(a) the department or agency to whom the child is being relinquished has agreed in writing to accept custody of the child until the child is adopted; or
(b) the identified prospective adoptive parent has agreed in writing to accept temporary custody and to provide support and care to the child until that person's adoption petition is granted or denied.
(2) A voluntary relinquishment of a parent's rights solely to the child's other parent does not relieve the parent executing the relinquishment of any duty owed to the child or for the child's support.
History: En. Sec. 43, Ch. 480, L. 1997.
Structure Montana Code Annotated
Part 4. Voluntary Relinquishment and Consent to Adopt
42-2-401. Child available for adoption -- voluntary acts of parents
42-2-402. Voluntary relinquishment -- validity
42-2-403. Arrearages of child support -- responsibility to child
42-2-404. Who may relinquish -- to whom
42-2-406. and 42-2-407 reserved
42-2-409. Adoptive decision support services
42-2-410. Revocation of relinquishment and consent
42-2-411. Conditional relinquishment and consent
42-2-412. Content of relinquishment and consent to adopt
42-2-413. Consequences of relinquishment and consent to adopt
42-2-414. Notification of availability of mental health services
42-2-415. and 42-2-416 reserved
42-2-417. Grounds for court to set aside relinquishment and consent
42-2-418. Remedy when relinquishment and consent to adopt revoked or set aside -- expediency
42-2-419. and 42-2-420 reserved
42-2-421. Notarized denial of paternity -- no entitlement to notice