reglab/housing_qa huggingface dataset:
MT Code § 42-2-405 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 2. Adoption of Child|Part 4. Voluntary Relinquishment and Consent to Adopt|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 direct parental placement adoption. (1) A parent who is a minor has the right to relinquish all rights to that minor parent's child and to consent to the child's adoption. The relinquishment is not subject to revocation by reason of minority.   (2) In a direct parental placement adoption, a relinquishment and consent to adopt executed by a parent who is a minor is not valid unless the minor parent has been advised by an attorney who does not represent the prospective adoptive parent. Legal fees charged by the minor parent's attorney are an allowable expense that may be paid by prospective adoptive parents under 42-7-101, subject to the limitations in 42-7-102.   (3) If in the court's discretion it is in the best interest of justice, the court may order the office of state public defender, provided for in 2-15-1029, to assign counsel to represent the minor parent.   History: En. Sec. 46, Ch. 480, L. 1997; amd. Sec. 38, Ch. 449, L. 2005; amd. Sec. 12, Ch. 358, L. 2017.
MT Code § 42-2-406 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 2. Adoption of Child|Part 4. Voluntary Relinquishment and Consent to Adopt|42-2-406. and 42-2-407 reserved

  42-2-406 and 42-2-407 reserved.
MT Code § 42-2-408 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 2. Adoption of Child|Part 4. Voluntary Relinquishment and Consent to Adopt|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 to adoption -- copy of preplacement evaluation -- notarization. (1) A parent whose consent to the adoption of a child is required may execute a relinquishment and consent to adoption only after the following criteria have been met:  (a) the child has been born;   (b) not less than 72 hours have elapsed since the birth of the child;   (c) the parent has received adoptive decision support services in accordance with 42-2-409; and   (d) in a direct parental placement adoption:   (i) the parent has been informed that fees for any required counseling and legal fees are allowable expenses that may be paid by a prospective adoptive parent under 42-7-101, subject to the limitations set in 42-7-102;   (ii) if the parent is a minor, the parent has been represented by separate legal counsel; and   (iii) prior to the execution of the relinquishment, the parent has been provided a copy of the preplacement evaluation prepared pursuant to 42-3-204 pertaining to the prospective adoptive parent.   (2) A guardian may execute a relinquishment and consent to adopt at any time after being authorized by a court.   (3) The department or a licensed child-placing agency may execute a consent for the adoption at any time before or during the hearing on the petition for adoption.   (4) A child whose consent is required may execute a consent at any time before or during the hearing on the petition to adopt.   (5) Except as provided in this section, a relinquishment and consent to adopt must be a separate instrument executed before a notary public.   (6) If the person from whom a relinquishment and consent to adopt is required is a member of the armed services or is in prison, the relinquishment may be executed and acknowledged before any person authorized by law to administer oaths.   History: En. Sec. 47, Ch. 480, L. 1997; amd. Sec. 1, Ch. 175, L. 2021.
MT Code § 42-2-410 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 2. Adoption of Child|Part 4. Voluntary Relinquishment and Consent to Adopt|42-2-410. Revocation of relinquishment and consent

  42-2-410. Revocation of relinquishment and consent. (1) The parent who executed the relinquishment and consent to adopt and the department, agency, or prospective adoptive parent named or described in the relinquishment and consent to adopt may mutually agree to its revocation prior to the issuance of an order terminating parental rights.   (2) A relinquishment may not be revoked if an order has been issued terminating parental rights.   History: En. Sec. 49, Ch. 480, L. 1997.
MT Code § 42-2-411 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 2. Adoption of Child|Part 4. Voluntary Relinquishment and Consent to Adopt|42-2-411. Conditional relinquishment and consent

  42-2-411. Conditional relinquishment and consent. (1) A relinquishment and consent to adopt may provide that it not take effect only if:   (a) the other parent does not execute a relinquishment and consent to adopt within a specified period; or   (b) a court decides to not terminate another individual's parental relationship to the child.   (2) A relinquishment and consent to adopt may not be conditioned on whether or not existing agreements for matters, including but not limited to visitation and ongoing communication with the child, are later performed.   History: En. Sec. 50, Ch. 480, L. 1997.
MT Code § 42-2-413 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 2. Adoption of Child|Part 4. Voluntary Relinquishment and Consent to Adopt|42-2-413. Consequences of relinquishment and consent to adopt

  42-2-413. Consequences of relinquishment and consent to adopt. Except under a circumstance stated in 42-2-411 a relinquishment and consent to the adoption of a child that is executed by a parent or guardian in substantial compliance with 42-2-412 is final and irrevocable. The relinquishment and consent to adopt:   (1) unless a court orders otherwise to protect the welfare of the child, entitles the department, agency, or prospective adoptive parent named or described to the legal and physical custody of the child and imposes on that department, agency, or prospective adoptive parent responsibility for the support and medical and other care of the child;   (2) terminates, as provided in 42-2-403, any duty of the parent who executed the document with respect to the child except for arrearages of child support; and   (3) terminates any right of the parent or guardian who executed the document to:   (a) object to the placement of the child for adoption by the department or agency; and   (b) object to the child's adoption by the prospective adoptive parent.   History: En. Sec. 52, Ch. 480, L. 1997.
MT Code § 42-2-414 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 2. Adoption of Child|Part 4. Voluntary Relinquishment and Consent to Adopt|42-2-414. Notification of availability of mental health services

  42-2-414. Notification of availability of mental health services. A health care provider providing primary or prenatal care to a birth mother shall inform the birth mother of the availability of medically necessary outpatient mental health services.  History: En. Sec. 4, Ch. 175, L. 2021.
MT Code § 42-2-415 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 2. Adoption of Child|Part 4. Voluntary Relinquishment and Consent to Adopt|42-2-415. and 42-2-416 reserved

  42-2-415 and 42-2-416 reserved.
MT Code § 42-2-417 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 2. Adoption of Child|Part 4. Voluntary Relinquishment and Consent to Adopt|42-2-417. Grounds for court to set aside relinquishment and consent

  42-2-417. Grounds for court to set aside relinquishment and consent. (1) The court shall set aside a relinquishment and consent to adopt if the individual who executed the relinquishment and consent establishes:   (a) by clear and convincing evidence, before a decree of adoption is issued, that the consent was obtained by fraud or duress; or   (b) by a preponderance of the evidence, that a condition permitting revocation has occurred, as expressly provided for in 42-2-411.   (2) A verbatim record of testimony must be made.   History: En. Sec. 53, Ch. 480, L. 1997.
MT Code § 42-2-418 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 2. Adoption of Child|Part 4. Voluntary Relinquishment and Consent to Adopt|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 set aside -- expediency. (1) If a relinquishment and consent to adopt that was executed by an individual is revoked or set aside, the department, agency, or prospective adoptive parent shall immediately return the child to the individual's custody and move to dismiss a proceeding for adoption or termination of the individual's parental rights to the child unless:   (a) the department has legal custody pursuant to a court order;   (b) there are grounds for the department to seek a court order under the provisions of Title 41, chapter 3; or   (c) the individual did not have legal custody of the child at the time the relinquishment and consent to adopt was executed.   (2) In the circumstances described in subsections (1)(a) through (1)(c) and when there is no existing court order providing for care and custody, the court shall issue an order providing for the care and custody of the child according to the best interests of the child under any law applicable to the circumstances of the case.   (3) Except as provided in subsection (1), if after revocation or the setting aside of a relinquishment or consent a child is not returned immediately by the department, agency, or prospective adoptive parent, the individual may petition the court for appropriate relief. The action must take precedence over other cases and matters in the court. The court shall examine the petition, hear the case, and render a decision as soon as possible.   History: En. Sec. 54, Ch. 480, L. 1997.
MT Code § 42-2-419 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 2. Adoption of Child|Part 4. Voluntary Relinquishment and Consent to Adopt|42-2-419. and 42-2-420 reserved

  42-2-419 and 42-2-420 reserved.
MT Code § 42-2-421 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 2. Adoption of Child|Part 4. Voluntary Relinquishment and Consent to Adopt|42-2-421. Notarized denial of paternity -- no entitlement to notice

  42-2-421. Notarized denial of paternity -- no entitlement to notice. (1) Execution of a notarized denial of paternity of a child is a voluntary act that constitutes a waiver of all parental rights to the child, except for the duty to pay support if paternity is established or presumed.   (2) A notarized denial of paternity is irrevocable when executed. An individual who has executed a denial of paternity toward a child who is the subject of adoption proceedings is not entitled to notice of either the hearing to terminate parental rights or the hearing on an adoption petition.   History: En. Sec. 55, Ch. 480, L. 1997.
MT Code § 42-2-422 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 2. Adoption of Child|Part 4. Voluntary Relinquishment and Consent to Adopt|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 custody -- no entitlement to notice. (1) Submission of a notarized acknowledgment of paternity and a denial of any interest in the custody of the child is a voluntary act that constitutes a waiver of all parental rights to the child but does not absolve the person of the duty to pay support.   (2) An individual who has executed an acknowledgment of paternity and denial of interest in the custody in a child who is the subject of adoption proceedings is not entitled to notice of either the hearing to terminate parental rights or the hearing on an adoption petition unless, subsequent to execution of the acknowledgment of paternity and denial of interest in custody, the individual has complied with all of the requirements of 42-2-205 and has done so within the time limits established in 42-2-206.   History: En. Sec. 56, Ch. 480, L. 1997.
MT Code § 42-2-501 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 2. Adoption of Child|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 provide notice to a putative father at the earliest possible time of an expectant mother's intent to release an expected child for adoption and in order to facilitate early placement of a child for adoption, an expectant mother may initiate proceedings to terminate paternal rights by filing a petition of intent to place a child for adoption prior to the birth of the child.   (2) A petition to terminate parental rights may also be filed after a child is born.   History: En. Sec. 57, Ch. 480, L. 1997.
MT Code § 42-2-502 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 2. Adoption of Child|Part 5. Involuntary Termination of Parental Rights|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 release or consent to adoption. (1) A pregnant individual may file a petition with the court indicating the intention to place an expected child for adoption.   (2) The petition must include the following information:   (a) the individual's intent to release the expected child for adoption;   (b) the approximate date and location of conception;   (c) the expected date of delivery;   (d) any information concerning the identity and whereabouts of any putative or presumed father of the expected child; and   (e) in a situation in which there is a presumed father, the grounds upon which the individual relies in contending that the nonexistence of the father and child relationship can be established in an action brought under 40-6-107.   (3) The petition may allege more than one putative or presumed father.   (4) The petition must be signed by the petitioner and notarized.   History: En. Sec. 58, Ch. 480, L. 1997.
MT Code § 42-2-503 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 2. Adoption of Child|Part 5. Involuntary Termination of Parental Rights|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 child for adoption. (1) Upon the filing of the petition under 42-2-502, the court shall issue a notice of intent to release a child for adoption.   (2) The notice must be served by the petitioner, in the manner provided by the Montana Rules of Civil Procedure, upon each putative or presumed father at least 20 days prior to the expected date of birth of the child. Proof of service must be filed with the court.   (3) A notice of intent to release directed to a putative father must indicate the approximate date and location of conception of the child and the expected date of birth and must inform the putative father:   (a) that the putative father is required to appear at the hearing at the time and date set by the court;   (b) of the rights and responsibilities to which the putative father will be entitled upon registering with the putative father registry; and   (c) that the failure to timely comply with all requirements of filing with the putative father registry:   (i) constitutes a waiver of the right to receive the notice provided for in 42-2-205; and   (ii) may result in the court's termination of the putative father's rights to the child.   (4) In addition to the information contained in subsection (3), a notice of intent to release directed to an individual presumed to be the father under 40-6-105 must also indicate the intention of the mother to ask for a declaration establishing the nonexistence of the father and child relationship and the grounds for seeking the declaration.   History: En. Secs. 59, 60, Ch. 480, L. 1997.
MT Code § 42-2-601 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 2. Adoption of Child|Part 6. Petition to Terminate Parental Rights|42-2-601. Venue

  42-2-601. Venue. Proceedings to terminate parental rights may be filed in the court in the county in which a petitioner resides, the child resides, or an office of the agency that is placing the child is located.   History: En. Sec. 61, Ch. 480, L. 1997.
MT Code § 42-2-602 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 2. Adoption of Child|Part 6. Petition to Terminate Parental Rights|42-2-602. Necessity for parental rights to be terminated

  42-2-602. Necessity for parental rights to be terminated. A child is not legally free for adoption until the parental rights of the birth parent or parents have been terminated by a court:   (1) as provided in this title;   (2) pursuant to Title 41, chapter 3; or   (3) of competent jurisdiction in another state or country.   History: En. Sec. 62, Ch. 480, L. 1997.
MT Code § 42-2-603 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 2. Adoption of Child|Part 6. Petition to Terminate Parental Rights|42-2-603. Petition for termination of parental rights

  42-2-603. Petition for termination of parental rights. (1) Pending the termination or other disposition of the rights of the father of the child, the birth mother may execute a relinquishment and consent to adoption.   (2) The department, a licensed child-placing agency, the prospective adoptive parent to whom the relinquishment is issued, or a guardian with custody of the child shall file with the court a signed and notarized petition for termination of parental rights pursuant to Title 41, chapter 3, or pursuant to this title.   (3) At the request of the relinquishing parent, the execution of a relinquishment may be conditioned as set forth in 42-2-411.   (4) Pending disposition of the petition, the court may enter an order authorizing temporary care of the child.   History: En. Sec. 63, Ch. 480, L. 1997.
MT Code § 42-2-604 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 2. Adoption of Child|Part 6. Petition to Terminate Parental Rights|42-2-604. Contents of petition for termination of parental rights

  42-2-604. Contents of petition for termination of parental rights. (1) The petition for termination of parental rights must state:  (a) the identity of the petitioner;   (b) the date and location of the birth of the child;   (c) the date of the relinquishment by the birth mother or relinquishing parent;   (d) the current location of the child;   (e) the names and locations, if known, of any putative or presumed father of the child;   (f) whether a parent is one from whom consent is not required;   (g) whether court orders from any other proceeding have been issued terminating parental rights to the child that is the subject of the petition;   (h) any other evidence supporting termination of the legal rights that a person has with regard to the child; and   (i) a request for temporary custody of the child prior to the adoption.   (2) The petitioner shall file with the petition for termination of parental rights the following documents received in support of the petition:   (a) any relinquishments and consents to adoption;   (b) any denials of paternity;   (c) any acknowledgments of paternity and denial of parental rights;   (d) any affidavits from the putative father registry that have been executed by the department;   (e) theadoptive decision support services report required under 42-2-409;   (f) proof of prior service of any notice or acknowledgment of service or waiver of service received; and   (g) proof of compliance with the Indian Child Welfare Act of 1978 and Interstate Compact on the Placement of Children, if applicable.   History: En. Secs. 64, 65, Ch. 480, L. 1997; amd. Sec. 5, Ch. 175, L. 2021.
MT Code § 42-2-605 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 2. Adoption of Child|Part 6. Petition to Terminate Parental Rights|42-2-605. Notice of hearing -- service

  42-2-605. Notice of hearing -- service. (1) Notice of a hearing to be held on the petition for termination of parental rights must be served in any manner appropriate under the Montana Rules of Civil Procedure or in any manner that the court may direct on:   (a) a putative or presumed father who has timely and properly complied with the putative father registry;   (b) a putative father who was not served with a notice of intent to release at least 20 days before the expected date of birth as specified in the notice of intent to release;   (c) a person adjudicated, in Montana, to be the father of the child for the purpose of child support;   (d) a person who is recorded on the child's birth certificate as the child's father;   (e) a person who is openly living with the child and the child's mother at the time that the proceeding is initiated or at the time the child was placed in the care of an authorized agency and who is representing to the public that the person is the child's father;   (f) a spouse, if the parent relinquishing the child for adoption was married to that person at the time of conception of the child or at any time after conception but prior to birth; or   (g) a parent or legal guardian of the child in question who has not waived notice.   (2) The notice of hearing must inform the putative or presumed father or other parent that failure to appear at the hearing constitutes a waiver of the individual's interest in custody of the child and will result in the court's termination of the individual's rights to the child.   (3) Proof of service of the notice of hearing must be filed with the court. A notarized acknowledgment of service by the party to be served is proof of personal service. Proof of service is not required if the putative father is present at the hearing. A waiver of notice of the hearing by an individual entitled to receive notice is sufficient.   (4) If the court finds that the father of the child is a person who did not receive either a timely notice of intent to release pursuant to 42-2-205 or a notice required pursuant to this section and who has not waived the right to notice of hearing and that person is not present at the hearing, the court shall adjourn further proceedings until that person is served with a notice of hearing.   History: En. Secs. 66, 67, Ch. 480, L. 1997.
MT Code § 42-2-606 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 2. Adoption of Child|Part 6. Petition to Terminate Parental Rights|42-2-606. Hearing on petition to terminate parental rights

  42-2-606. Hearing on petition to terminate parental rights. (1) The court shall hold a hearing as soon as practical to determine the identity of and terminate the parental rights of the parents of the child.   (2) If a putative father has not been named and no one has registered with the putative father registry, the court shall cause inquiry to be made in an effort to identify any legal father. The inquiry must include whether the mother was married at the time of conception of the child or at any time after conception and prior to birth.   (3) Based on the evidence received and the court's inquiry, the court shall enter a finding identifying the father or declaring that the identity of the father could not be determined.   (4) Based on the grounds set forth in 42-2-607 and the evidence received at the hearing, the court shall enter an order concerning the parental rights to the child.   (5) If the court terminates the parental rights to the child and the department, agency, or prospective adoptive parent has agreed to accept custody of the child until the child is adopted, the court shall issue an order awarding custody of the child to the petitioner.   History: En. Secs. 68, 69, Ch. 480, L. 1997.