42-2-409. Adoptive decision support services. (1) In department, agency, and direct parental placement adoptions, the birth mother must receive the adoptive decision support services required under this section. If any other parent is involved in an adoptive placement, adoptive decision support services are encouraged for that parent.
(2) Adoptive decision support services must be provided by a person employed by the department or by a staff person of a licensed child-placing agency designated to provide the services. Unless the requirement is waived for good cause by a court, a minimum of 3 hours of adoptive decision support services must be provided prior to execution of a relinquishment of parental rights and consent to adopt. A relinquishment and consent to adopt executed prior to provision of the required services is void.
(3) The person providing adoptive decision support services shall offer an explanation of:
(a) adoption procedures and options that are available to a parent through the department or licensed child-placing agencies;
(b) adoption procedures and options that are available to a parent through direct parental placement adoptions, including the right to an attorney and that legal expenses are an allowable expense that may be paid by a prospective adoptive parent as provided in 42-7-101 and 42-7-102;
(c) the alternative of parenting rather than relinquishing the child for adoption;
(d) the resources that are available to provide assistance or support for the parent and the child if the parent chooses not to relinquish the child;
(e) the legal and personal effect and impact of terminating parental rights and of adoption;
(f) the options for contact and communication between the birth family and the adoptive family;
(g) postadoptive issues, including grief and loss, and the existence of any postadoptive counseling and support program offered pursuant to 42-4-211;
(h) the option for obtaining medically necessary prenatal and postnatal outpatient mental health services. The person shall provide a list of state mental health resources.
(i) the reasons for and importance of providing accurate medical and social history information under 42-3-101;
(j) the operation of the confidential intermediary program; and
(k) the fact that the adoptee may be provided with a copy of the original birth certificate upon request after reaching 18 years of age unless the birth parent has specifically requested in writing that the vital statistics bureau withhold release of the original birth certificate. The birth parent may change the request at any time by notifying the vital statistics bureau in writing of the change.
(4) The person providing adoptive decision support services shall prepare a written report containing a description of the topics covered and the number of hours of counseling. The report must specifically include the person's opinion of whether or not the parent understood all of the issues and was capable of informed consent. The report must, on request, be released to the person counseled, to the department, to an agency, or with the consent of the person counseled, to an attorney for the prospective adoptive parents.
History: En. Sec. 48, Ch. 480, L. 1997; amd. Sec. 2, Ch. 151, L. 2009; amd. Sec. 1, Ch. 162, L. 2015; amd. Sec. 2, Ch. 175, L. 2021.
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