No. 90-606 

IN THE SUPREME COURT OF THE STATE OF 

1991 

IN THE MATTER OF THE 

ADOPTION OF B.R.O., 

a Minor Child. 

APPEAL FROM: District Court of the Eighth Judicial District, 

In and for the County of Cascade, 

The Honorable John M. McCarvel, Judge presiding. 

COUNSEL OF RECORD: 

For Appellant: 

Ann C. German, Attorney at Law, Libby, Montana 

For Respondent: 

Antonia P. Marra, Bell & Marra; Great Falls, Montana 

Submitted on Briefs: May 30, 1991 

Filed: 

I 

Clerk 
Justice William E. Hunt, Sr., delivered the opinion of the Court. 

The natural father of B.R.O. appeals from an order of the 

Eighth ~udicial ~istrict Court, Cascade County, allowing the 

adoption of B.R.O. by her stepfather. We reverse. 

We phrase the issue as follows: 

Was the natural father properly served pursuant to 

3 40-8-124 (2), MCA? 

B.R.O. was born on September 26, 1977. Four years later, in 

1981, her natural father was sentenced to 25 years in the Montana 

State Prison on a charge of sexual intercourse without consent. 

In 1987, the marriage of the natural parents was dissolved. 

The mother married B.R.O.'s stepfather in November 1987. On August 

10, 1990, the stepfather filed a petition for the adoption of 

B.R.O. In the petition, he alleged that the father, who had not 

seen the child since 1985, had abandoned the child. He also 

alleged that the father had not supported the child since 1981. 

The mother executed a consent to the adoption, which was filed with 

the petition. Later, B.R.O. herself filed a consent to the 

adoption. The Department of Family Services filed a waiver of 

investigation into the adoption. 

A citation was issued on August 14, 1990, setting a hearing 

date of September 28, 1990. The sheriff's return shows that the 

citation was sewed on the father on August 18, 1990. All parties 

agree that the sheriff did not serve the father with a copy of the 

petition. 
* - 

In an adoption proceeding, natural parents who can be found 

within the state must be personally served with a copy of the 

petition. Section 40-8-124(2), MCA. Natural parents who cannot be 

found within the state may be served by publication. Section 

40-8-124(2), MCA. The subsection of the statute setting forth these 

rules provides in its entirety: 

(2) When a petition has been filed seeking the adoption 

of a child, the court must cause service of process to 

be made on the parent or parents of the child, except in 

those cases hereinafter provided, in the following 

manner: 

(a) The court shall order a citation to issue to the 

parent or parents in the name of the state of Montana and 

under the seal of the court directing such parent or 

parents to appear in court at a time to be fixed by the 

court and show cause why the petition should not be 

granted. 

(b) Such citation, toqether with a CODY of the petition 

for ado~tion, shall be personally served upon such parent 

or parents. If, however, any such parent or parents 

cannot be found within this state, service may be had by 

publication of a copy of the citation in the manner 

provided for the publication of summons by Rule 4, 

M.R.Civ.P. 

Section 40-8-124 (2) , MCA (emphasis added) . 

Section 40-8-124 (2), MCA, mandates that a natural parent be 

personally served with both the citation and the petition if he can 

be found within the state. Here, however, the father was served with 

the citation only. We must require strict compliance with the 

statute delineating the procedures for service of process. 

We therefore reverse and remand for further proceedings 

consistent with this opinion. 
.. Pursuant to Section I, Paragraph 3(c), Montana Supreme Court 

1988 Internal Operating Rules, this decision shall not be cited as 

precedent and shall be published by its filing as a public document 

with the Clerk of the Supreme Court and by a report of its result to 

Montana Law Week, State Reporter and West Publishing Company. 

We concur: