42-4-210. Consent to adoption. (1) Upon the filing of the petition for adoption by the prospective adoptive parent, the department or agency that has custody of the child shall file its consent to adoption.
(2) Except as provided in subsection (3), the withdrawal of a consent for an adoption filed by the department or an agency in connection with that petition for adoption is not permitted.
(3) Upon a motion to withdraw consent, notice and opportunity to be heard must be given to the petitioner and to the person seeking to withdraw consent. The court may, if it finds that the best interests of the child will be furthered, issue a written order permitting the withdrawal of the consent.
(4) The entry of a decree of adoption renders a consent irrevocable.
History: En. Sec. 111, Ch. 480, L. 1997.
Structure Montana Code Annotated
Chapter 4. Placements for Adoption
Part 2. Placements by Department or Licensed Child-Placing Agency
42-4-201. Factors to be considered -- best interests of child
42-4-202. Parties to department or agency placement
42-4-203. Duties of placing parent
42-4-204. Counseling requirements
42-4-205. Waiting period following placement of child
42-4-206. Petition for adoption filed by prospective adoptive parent
42-4-207. and 42-4-208 reserved
42-4-209. Postplacement department or agency evaluation
42-4-210. Consent to adoption