42-2-404. Who may relinquish -- to whom. (1) A parent or guardian whose consent to the adoption of a child is required may relinquish to the department or an agency all rights with respect to the child, including legal and physical custody and the right to consent to the child's adoption.
(2) A parent or guardian whose consent to the adoption of a child is required and who has filed a notice of parental placement under 42-4-103 for a direct parental placement adoption may:
(a) relinquish to the prospective adoptive parent all rights with respect to the child, including legal and physical custody; and
(b) consent to the child's adoption by the prospective adoptive parents.
History: En. Sec. 45, 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