Montana Code Annotated
Title 42. Adoption

42-1-108. Rights and responsibilities of parties in adoption proceedings - 42-1-108. Rights and responsibilities of parties in adoption proceedings. (1)...

42-1-109. Need for finality -- balancing of interests - 42-1-109. Need for finality -- balancing of interests. Finality is...

42-1-110. Presumed knowledge that child may be adopted without notice - 42-1-110. Presumed knowledge that child may be adopted without notice....

42-1-111. Unmarried birth mother's right of privacy - 42-1-111. Unmarried birth mother's right of privacy. An unmarried birth...

Chapter 2. Adoption of Child

Part 1. Policy and Legislative Intent

42-2-101. Recognition of adoption in another jurisdiction - 42-2-101. Recognition of adoption in another jurisdiction. (1) A decree...

42-2-102. Proceedings subject to Indian Child Welfare Act - 42-2-102. Proceedings subject to Indian Child Welfare Act. A proceeding...

42-2-103. Interstate placement - 42-2-103. Interstate placement. The Interstate Compact on the Placement of...

42-2-104. International placement - 42-2-104. International placement. An adoption in this state of a...

42-2-105. Fees for services -- special revenue account -- statutory appropriation - 42-2-105. Fees for services -- special revenue account -- statutory...

42-2-106. Rulemaking authority - 42-2-106. Rulemaking authority. The department may adopt rules to implement...

Part 2. Putative Father Registration

42-2-201. Definitions - 42-2-201. Definitions. As used in this part, unless the context...

42-2-202. Putative father registry - 42-2-202. Putative father registry. The putative father registry is established...

42-2-203. Purpose of registry - 42-2-203. Purpose of registry. (1) The purpose of the putative...

42-2-204. Presumed knowledge of pregnancy -- duty to register to be afforded notice -- putative and presumed fathers - 42-2-204. Presumed knowledge of pregnancy -- duty to register to...

42-2-205. Registration - 42-2-205. Registration. (1) In addition to any other notice to...

42-2-206. When putative father to register -- actual knowledge of pregnancy not required - 42-2-206. When putative father to register -- actual knowledge of...

42-2-207. How registration submitted - 42-2-207. How registration submitted. A putative father shall submit a...

42-2-208. Burden of putative father to preserve rights upon receipt of notice - 42-2-208. Burden of putative father to preserve rights upon receipt...

42-2-209. Presumption created -- admissibility in other proceedings - 42-2-209. Presumption created -- admissibility in other proceedings. A person...

42-2-210. through 42-2-213 reserved - 42-2-210 through 42-2-213 reserved.

42-2-214. Duties of department - 42-2-214. Duties of department. (1) The department shall: (a) prescribe...

42-2-215. Information maintained in registry - 42-2-215. Information maintained in registry. The department shall maintain the...

42-2-216. Storage of data - 42-2-216. Storage of data. The department shall store the registry's...

42-2-217. Registry search -- request -- affidavit - 42-2-217. Registry search -- request -- affidavit. (1) The following...

42-2-218. Duties of department upon receipt of request - 42-2-218. Duties of department upon receipt of request. (1) Whenever...

42-2-219. through 42-2-221 reserved - 42-2-219 through 42-2-221 reserved.

42-2-222. Failure of agency to post notice - 42-2-222. Failure of agency to post notice. Failure of an...

42-2-223. Revocation of registration - 42-2-223. Revocation of registration. Unless a support order has been...

42-2-224. Certified copy of registration form to be furnished upon request - 42-2-224. Certified copy of registration form to be furnished upon...

42-2-225. Information confidential - 42-2-225. Information confidential. Except as otherwise provided in this part,...

42-2-226. Registration of false information -- criminal and civil penalties - 42-2-226. Registration of false information -- criminal and civil penalties...

42-2-227. through 42-2-229 reserved - 42-2-227 through 42-2-229 reserved.

42-2-230. Responsibility of each party to protect interests -- putative fathers -- fraud no defense - 42-2-230. Responsibility of each party to protect interests -- putative...

Part 3. Consent for Adoption

42-2-301. Consent required - 42-2-301. Consent required. An adoption of a child may be...

42-2-302. Persons whose consent not required - 42-2-302. Persons whose consent not required. Consent to adoption of...

42-2-303. Form of consent - 42-2-303. Form of consent. The consents required by 42-2-301 must...

Part 4. Voluntary Relinquishment and Consent to Adopt

42-2-401. Child available for adoption -- voluntary acts of parents - 42-2-401. Child available for adoption -- voluntary acts of parents....

42-2-402. Voluntary relinquishment -- validity - 42-2-402. Voluntary relinquishment -- validity. (1) A voluntary relinquishment is...

42-2-403. Arrearages of child support -- responsibility to child - 42-2-403. Arrearages of child support -- responsibility to child. (1)...

42-2-404. Who may relinquish -- to whom - 42-2-404. Who may relinquish -- to whom. (1) A parent...

42-2-405. Relinquishment by minor parent -- separate legal counsel in direct parental placement adoption - 42-2-405. Relinquishment by minor parent -- separate legal counsel in...

42-2-406. and 42-2-407 reserved - 42-2-406 and 42-2-407 reserved.

42-2-408. Time and prerequisites for execution of relinquishment and consent to adoption -- copy of preplacement evaluation -- notarization - 42-2-408. Time and prerequisites for execution of relinquishment and consent...

42-2-409. Adoptive decision support services - 42-2-409. Adoptive decision support services. (1) In department, agency, and...

42-2-410. Revocation of relinquishment and consent - 42-2-410. Revocation of relinquishment and consent. (1) The parent who...

42-2-411. Conditional relinquishment and consent - 42-2-411. Conditional relinquishment and consent. (1) A relinquishment and consent...

42-2-412. Content of relinquishment and consent to adopt - 42-2-412. Content of relinquishment and consent to adopt. (1) A...

42-2-413. Consequences of relinquishment and consent to adopt - 42-2-413. Consequences of relinquishment and consent to adopt. Except under...

42-2-414. Notification of availability of mental health services - 42-2-414. Notification of availability of mental health services. A health...

42-2-415. and 42-2-416 reserved - 42-2-415 and 42-2-416 reserved.

42-2-417. Grounds for court to set aside relinquishment and consent - 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 - 42-2-418. Remedy when relinquishment and consent to adopt revoked or...

42-2-419. and 42-2-420 reserved - 42-2-419 and 42-2-420 reserved.

42-2-421. Notarized denial of paternity -- no entitlement to notice - 42-2-421. Notarized denial of paternity -- no entitlement to notice....

42-2-422. Notarized acknowledgment of paternity and denial of interest in custody -- no entitlement to notice - 42-2-422. Notarized acknowledgment of paternity and denial of interest in...

Part 5. Involuntary Termination of Parental Rights

42-2-501. Timing of proceedings to terminate - 42-2-501. Timing of proceedings to terminate. (1) In order to...

42-2-502. Expected child -- filing of petition indicating intent to release or consent to adoption - 42-2-502. Expected child -- filing of petition indicating intent to...

42-2-503. Notice to any named father of intent to release child for adoption - 42-2-503. Notice to any named father of intent to release...

Part 6. Petition to Terminate Parental Rights

42-2-601. Venue - 42-2-601. Venue. Proceedings to terminate parental rights may be filed...

42-2-602. Necessity for parental rights to be terminated - 42-2-602. Necessity for parental rights to be terminated. A child...

42-2-603. Petition for termination of parental rights - 42-2-603. Petition for termination of parental rights. (1) Pending the...

42-2-604. Contents of petition for termination of parental rights - 42-2-604. Contents of petition for termination of parental rights. (1)...

42-2-605. Notice of hearing -- service - 42-2-605. Notice of hearing -- service. (1) Notice of a...

42-2-606. Hearing on petition to terminate parental rights - 42-2-606. Hearing on petition to terminate parental rights. (1) The...

42-2-607. Grounds for termination of parental rights - 42-2-607. Grounds for termination of parental rights. The court may...

42-2-608. Finding of unfitness - 42-2-608. Finding of unfitness. (1) The court may terminate parental...

42-2-609. Determination that no parent and child relationship exists - 42-2-609. Determination that no parent and child relationship exists. For...

42-2-610. Putative father -- termination based upon failure to establish substantial relationship - 42-2-610. Putative father -- termination based upon failure to establish...

42-2-611. Irrevocable waiver of parental rights - 42-2-611. Irrevocable waiver of parental rights. (1) The court may...

42-2-612. through 42-2-615 reserved - 42-2-612 through 42-2-615 reserved.

42-2-616. Appearance of parent at hearing -- determination of custody - 42-2-616. Appearance of parent at hearing -- determination of custody....

42-2-617. Effect of order terminating parental rights - 42-2-617. Effect of order terminating parental rights. (1) An order...

42-2-618. Appeal - 42-2-618. Appeal. An order terminating parental rights is a final...

42-2-619. Expediency - 42-2-619. Expediency. A contested termination of parental rights action must...

42-2-620. Finality - 42-2-620. Finality. Subject to the disposition of a timely appeal,...

Chapter 3. Requirements of Parties in Adoption

Part 1. Duty of Placing Party to Disclose Information

42-3-101. Duty to disclose information -- form -- availability -- filing - 42-3-101. Duty to disclose information -- form -- availability --...

42-3-102. Retention of disclosures - 42-3-102. Retention of disclosures. (1) In a direct parental placement...

Part 2. Requirements of Prospective Adoptive Parents

42-3-201. Preplacement evaluation -- timing - 42-3-201. Preplacement evaluation -- timing. (1) A child may not...

42-3-202. Initiation of preplacement evaluation -- who conducts evaluation -- payment of fees - 42-3-202. Initiation of preplacement evaluation -- who conducts evaluation --...

42-3-203. Information to be reviewed in conducting preplacement evaluation - 42-3-203. Information to be reviewed in conducting preplacement evaluation. (1)...

42-3-204. Contents of preplacement evaluation - 42-3-204. Contents of preplacement evaluation. (1) The preplacement evaluation report...

42-3-205. Recommendation - 42-3-205. Recommendation. (1) An evaluator shall assess the information required...

42-3-206. Distribution of evaluation -- retention -- immunity for evaluator - 42-3-206. Distribution of evaluation -- retention -- immunity for evaluator....

42-3-207. Action by department - 42-3-207. Action by department. If, before a decree of adoption...

42-3-208. through 42-3-211 reserved - 42-3-208 through 42-3-211 reserved.

42-3-212. Court waiver for relatives - 42-3-212. Court waiver for relatives. In a direct parental placement...

42-3-213. Filing of evaluation in adoption proceedings - 42-3-213. Filing of evaluation in adoption proceedings. (1) In a...

Part 3. Requirements of Department or Licensed Child-Placing Agency

42-3-301. Requirement for preplacement evaluation - 42-3-301. Requirement for preplacement evaluation. (1) Before the department or...

Chapter 4. Placements for Adoption

Part 1. Direct Parental Placements

42-4-101. Parties to direct parental placement adoption - 42-4-101. Parties to direct parental placement adoption. A parent of...

42-4-102. Duties of placing parent - 42-4-102. Duties of placing parent. (1) A parent who is...

42-4-103. Direct parental placement -- information to be filed - 42-4-103. Direct parental placement -- information to be filed. (1)...

42-4-104. and 42-4-105 reserved - 42-4-104 and 42-4-105 reserved.

42-4-106. Duty of prospective adoptive parent to provide preplacement evaluation - 42-4-106. Duty of prospective adoptive parent to provide preplacement evaluation....

42-4-107. through 42-4-109 reserved - 42-4-107 through 42-4-109 reserved.

42-4-110. Duty to promptly petition - 42-4-110. Duty to promptly petition. (1) Within 30 days after...

42-4-111. Custody order - 42-4-111. Custody order. (1) The court shall consider the petition...

42-4-112. Period for postplacement supervision - 42-4-112. Period for postplacement supervision. (1) In a direct parental...

42-4-113. Postplacement evaluation for direct parental placement adoption - 42-4-113. Postplacement evaluation for direct parental placement adoption. (1) An...

42-4-114. Time and filing of evaluation - 42-4-114. Time and filing of evaluation. (1) Unless the court...

42-4-115. Motion to enter adoption decree - 42-4-115. Motion to enter adoption decree. (1) The prospective adoptive...

42-4-116. Records - 42-4-116. Records. All records filed with the court in a...

Part 2. Placements by Department or Licensed Child-Placing Agency

42-4-201. Factors to be considered -- best interests of child - 42-4-201. Factors to be considered -- best interests of child....

42-4-202. Parties to department or agency placement - 42-4-202. Parties to department or agency placement. A parent of...

42-4-203. Duties of placing parent - 42-4-203. Duties of placing parent. (1) A parent who is...

42-4-204. Counseling requirements - 42-4-204. Counseling requirements. To the extent required by this title...

42-4-205. Waiting period following placement of child - 42-4-205. Waiting period following placement of child. (1) Once the...

42-4-206. Petition for adoption filed by prospective adoptive parent - 42-4-206. Petition for adoption filed by prospective adoptive parent. After...

42-4-207. and 42-4-208 reserved - 42-4-207 and 42-4-208 reserved.

42-4-209. Postplacement department or agency evaluation - 42-4-209. Postplacement department or agency evaluation. (1) The department or...

42-4-210. Consent to adoption - 42-4-210. Consent to adoption. (1) Upon the filing of the...

42-4-211. Postadoptive counseling and support -- intent - 42-4-211. Postadoptive counseling and support -- intent. (1) An agency...

Part 3. Stepparent Adoption

42-4-301. Relinquishment to stepparent - 42-4-301. Relinquishment to stepparent. (1) A parent may relinquish parental...

42-4-302. Standing to adopt stepchild - 42-4-302. Standing to adopt stepchild. (1) A stepparent has standing...

42-4-303. Consent to adoption - 42-4-303. Consent to adoption. (1) Upon the filing of the...

42-4-304. Consent to adoption -- stepparent's spouse - 42-4-304. Consent to adoption -- stepparent's spouse. (1) A consent...

42-4-305. Repealed - 42-4-305. Repealed. Sec. 20, Ch. 257, L. 1999. History: En....

42-4-306. through 42-4-308 reserved - 42-4-306 through 42-4-308 reserved.

42-4-309. Preplacement and postplacement evaluation period -- waiver - 42-4-309. Preplacement and postplacement evaluation period -- waiver. In a...

42-4-310. Petition for adoption -- notice -- hearing - 42-4-310. Petition for adoption -- notice -- hearing. A stepparent...

42-4-311. Legal consequences of adoption of stepchild - 42-4-311. Legal consequences of adoption of stepchild. (1) Except as...

42-4-312. Arrearages of child support - 42-4-312. Arrearages of child support. A termination of a parent's...

Part 4. Adoption of Adults and Emancipated Minors

42-4-401. Adoption of adult - 42-4-401. Adoption of adult. A person who has attained the...

42-4-402. Who may adopt adult or emancipated minor - 42-4-402. Who may adopt adult or emancipated minor. (1) An...

42-4-403. Consent to adoption - 42-4-403. Consent to adoption. (1) Consent to the adoption of...

42-4-404. Jurisdiction and venue - 42-4-404. Jurisdiction and venue. (1) The court has jurisdiction over...

42-4-405. Procedure - 42-4-405. Procedure. Except as otherwise provided in this part, the...

Chapter 5. Legal Proceedings

Part 1. Dispositional Hearing and Adoption Decree

42-5-101. Petition for adoption - 42-5-101. Petition for adoption. (1) A petition for adoption must...

42-5-102. Time for action on petition for adoption -- waiver - 42-5-102. Time for action on petition for adoption -- waiver....

42-5-103. Notice of hearing - 42-5-103. Notice of hearing. (1) Upon the filing of a...

42-5-104. Content of notice - 42-5-104. Content of notice. The notice required by 42-5-103 must...

42-5-105. Hearing on petition for adoption - 42-5-105. Hearing on petition for adoption. (1) The petitioners and...

42-5-106. Granting petition for adoption -- denial of petition - 42-5-106. Granting petition for adoption -- denial of petition. (1)...

42-5-107. Best interests of child - 42-5-107. Best interests of child. (1) In determining whether to...

42-5-108. Removal of child from state - 42-5-108. Removal of child from state. Before a decree of...

42-5-109. Decree of adoption - 42-5-109. Decree of adoption. A decree of adoption must state:...

Part 2. Legal Effect

42-5-201. Communication of decree to department - 42-5-201. Communication of decree to department. (1) Within 30 days...

42-5-202. Effect of decree - 42-5-202. Effect of decree. (1) After the decree of adoption...

42-5-203. Finality of decree -- expediency - 42-5-203. Finality of decree -- expediency. (1) For purposes of...

42-5-204. Rights of adoptee - 42-5-204. Rights of adoptee. A decree of adoption does not...

42-5-205. Foreign adoption decrees - 42-5-205. Foreign adoption decrees. When the relationship of parent and...

Part 3. Visitation and Enforceability of Other Agreements

42-5-301. Visitation and communication agreements - 42-5-301. Visitation and communication agreements. (1) Except as otherwise provided...

Chapter 6. Records

Part 1. Confidential Intermediaries

42-6-101. Confidentiality of records and proceedings - 42-6-101. Confidentiality of records and proceedings. (1) Unless the court...

42-6-102. Disclosure of records -- nonidentifying and identifying information -- consensual release - 42-6-102. Disclosure of records -- nonidentifying and identifying information --...

42-6-103. Petition for appointment of confidential intermediary - 42-6-103. Petition for appointment of confidential intermediary. (1) An adult...

42-6-104. Appointment of confidential intermediary -- duties -- payment - 42-6-104. Appointment of confidential intermediary -- duties -- payment. (1)...

42-6-105. Disclosure authorized in course of employment - 42-6-105. Disclosure authorized in course of employment. This title does...

42-6-106. through 42-6-108 reserved - 42-6-106 through 42-6-108 reserved.

42-6-109. Release of original birth certificate -- certificate of adoption - 42-6-109. Release of original birth certificate -- certificate of adoption....

Chapter 7. Fees and Prohibited Activities Related to Adoption

Part 1. General Fees and Activities

42-7-101. Fees related to placement for adoption by parent - 42-7-101. Fees related to placement for adoption by parent. (1)...

42-7-102. Limitations on payment of certain fees - 42-7-102. Limitations on payment of certain fees. (1) A prospective...

42-7-103. and 42-7-104 reserved - 42-7-103 and 42-7-104 reserved.

42-7-105. Prohibited activities -- violations -- penalties - 42-7-105. Prohibited activities -- violations -- penalties. (1) A person,...

42-7-106. Action by department - 42-7-106. Action by department. The department may review and investigate...

Chapter 8. Licensing of Child Placement Agency (Renumbered)

Part 1. Licensing (Renumbered)

42-8-101. Renumbered 52-8-101 - 42-8-101. Renumbered 52-8-101. Sec. 17(3)(e), Ch. 281, L. 2001.

42-8-102. Renumbered 52-8-102 - 42-8-102. Renumbered 52-8-102. Sec. 17(3)(e), Ch. 281, L. 2001.

42-8-103. Renumbered 52-8-103 - 42-8-103. Renumbered 52-8-103. Sec. 17(3)(e), Ch. 281, L. 2001.

42-8-104. Renumbered 52-8-104 - 42-8-104. Renumbered 52-8-104. Sec. 17(3)(e), Ch. 281, L. 2001.

42-8-105. and 42-8-106 reserved - 42-8-105 and 42-8-106 reserved.

42-8-107. Renumbered 52-8-107 - 42-8-107. Renumbered 52-8-107. Sec. 17(3)(e), Ch. 281, L. 2001.

42-8-108. Renumbered 52-8-108 - 42-8-108. Renumbered 52-8-108. Sec. 17(3)(e), Ch. 281, L. 2001.

Chapter 10. Subsidized Adoptions

Part 1. Procedures

42-10-101. Short title - 42-10-101. Short title. Sections 42-10-101 through 42-10-109 may be cited...

42-10-102. Purpose - 42-10-102. Purpose. The purpose of this part is to encourage...

42-10-103. Definitions - 42-10-103. Definitions. As used in this part, the following definitions...

42-10-104. Power and duties of department - 42-10-104. Power and duties of department. (1) The department shall...

42-10-105. Records to be confidential - 42-10-105. Records to be confidential. All records regarding subsidized adoption...

42-10-106. Certification as child with special needs - 42-10-106. Certification as child with special needs. (1) Whenever the...

42-10-107. Eligibility for subsidy - 42-10-107. Eligibility for subsidy. Any family that applies for an...

42-10-108. Subsidy agreement - 42-10-108. Subsidy agreement. (1) When parents are approved for adoption...

42-10-109. Amount, duration, and scope of subsidy - 42-10-109. Amount, duration, and scope of subsidy. The amount, duration,...

42-10-110. Repealed - 42-10-110. Repealed. Sec. 8, Ch. 21, L. 1999. History: En....

42-10-111. through 42-10-120 reserved - 42-10-111 through 42-10-120 reserved.

42-10-121. Definitions - 42-10-121. Definitions. As used in 42-10-121 through 42-10-128, the following...

42-10-122. Authorization - 42-10-122. Authorization. The department of public health and human services...

42-10-123. Federal participation - 42-10-123. Federal participation. Consistent with federal law, the department of...

42-10-124. Effect of compacts - 42-10-124. Effect of compacts. A compact entered into under 42-10-121...

42-10-125. Compacts -- required contents - 42-10-125. Compacts -- required contents. A compact under 42-10-121 through...

42-10-126. Compacts -- optional contents - 42-10-126. Compacts -- optional contents. A compact under 42-10-121 through...

42-10-127. Medical benefits -- rules - 42-10-127. Medical benefits -- rules. (1) The provisions of this...

42-10-128. Fraudulent obtaining of public assistance - 42-10-128. Fraudulent obtaining of public assistance. The provisions of 53-2-107...

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Montana Code Annotated Title 42. Adoption

Montana Code Annotated
Title 42. Adoption