reglab/housing_qa huggingface dataset:
MT Code § 42-2-205 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 2. Adoption of Child|Part 2. Putative Father Registration|42-2-205. Registration

  42-2-205. Registration. (1) In addition to any other notice to which the putative father is entitled, a putative father is entitled to notice of any proceedings to terminate parental rights involving a child whom the putative father might have fathered if the putative father timely files the following information with the department:   (a) the putative father's:   (i) full name;   (ii) address at which the putative father may be served by certified mail, return receipt requested, with notice of a proceeding to terminate parental rights;   (iii) social security number;   (iv) date of birth; and   (v) tribal affiliation if applicable;   (b) the mother's:   (i) name, including all other names known to the putative father that the mother uses; and   (ii) address, social security number, and date of birth, if known;   (c) the child's:   (i) name and place of birth, if known; or   (ii) the approximate date and location of a possible conception and the approximate expected date of delivery.   (2) If a putative father does not have an address where the putative father can receive notice of a termination of parental rights proceeding, the putative father may designate another person as an agent for the purpose of receiving notice. The putative father shall provide the department with the agent's name and the address at which the agent may be served. Service of notice by certified mail, return receipt requested, constitutes service of notice upon the putative father.   (3) A putative father shall register under this section on a registration form prescribed by the department or with a legibly typed or handwritten statement that provides the required information and that is submitted to the department pursuant to 42-2-207. The registration must be signed by the putative father and notarized.   (4) A putative father who registers under this section is responsible for providing written updates regarding any change of the putative father's name or address.   History: En. Sec. 22, Ch. 480, L. 1997.
MT Code § 42-2-206 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 2. Adoption of Child|Part 2. Putative Father Registration|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 pregnancy not required. (1) In order to be entitled, because of registration, to receive notice of a termination of parental rights proceeding, a putative father's registration form complying with the requirements of 42-2-205 must be received by the department not later than 72 hours after the child's birth.   (2) A putative father may file all information required by 42-2-205 before a child's birth even though the putative father has no actual knowledge that a pregnancy has occurred or that a pregnancy has continued through gestation.   History: En. Sec. 23, Ch. 480, L. 1997; amd. Sec. 2, Ch. 257, L. 1999.
MT Code § 42-2-207 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 2. Adoption of Child|Part 2. Putative Father Registration|42-2-207. How registration submitted

  42-2-207. How registration submitted. A putative father shall submit a registration form:   (1) in person; or   (2) by facsimile transmission, mail, private courier, or express delivery service.   History: En. Sec. 24, Ch. 480, L. 1997.
MT Code § 42-2-208 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 2. Adoption of Child|Part 2. Putative Father Registration|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 of notice. When a putative father receives notice that a child in whom the putative father claims a parental interest is the subject of a termination of parental rights proceeding, the putative father must appear at the hearing held on the petition to terminate parental rights and demonstrate, at a minimum, that the criteria set out in 42-2-610 for determining whether the putative father has made reasonable efforts to establish a substantial relationship with the child who is the subject of the proceedings have been met.   History: En. Sec. 25, Ch. 480, L. 1997.
MT Code § 42-2-209 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 2. Adoption of Child|Part 2. Putative Father Registration|42-2-209. Presumption created -- admissibility in other proceedings

  42-2-209. Presumption created -- admissibility in other proceedings. A person filing a registration form is presumed to be the father of the child for purposes of adoption unless the mother denies that the registrant is the father. The registration or any revocation that is filed is admissible in a paternity proceeding and creates a rebuttable presumption as to the paternity of the child. The registration creates a rebuttable presumption as to paternity of the child for purposes of an abuse or neglect proceeding under Title 41, chapter 3, or a child support enforcement action under Title 40, chapter 5.   History: En. Sec. 26, Ch. 480, L. 1997.
MT Code § 42-2-210 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 2. Adoption of Child|Part 2. Putative Father Registration|42-2-210. through 42-2-213 reserved

  42-2-210 through 42-2-213 reserved.
MT Code § 42-2-214 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 2. Adoption of Child|Part 2. Putative Father Registration|42-2-214. Duties of department

  42-2-214. Duties of department. (1) The department shall:   (a) prescribe a registration form for the information that a putative father submits under 42-2-205; and   (b) make the registration forms available through:   (i) the department;   (ii) each clerk of a district court; and   (iii) each local health department.   (2) A notice provided by the department that informs the public about the purpose and operation of the registry must be posted in a conspicuous place by each:   (a) clerk of a district court;   (b) driver's examination station of the motor vehicle division of the department of justice;   (c) local health department; and   (d) county clerk and recorder.   (3) The notice under subsection (2) must include information regarding:   (a) where to obtain a registration form;   (b) where to register;   (c) the circumstances under which a putative father is required to register;   (d) the period under 42-2-206 during which a putative father is required to register in order to entitle the putative father to receive notice of an adoption;   (e) the information that must be provided for the registry and what other actions the putative father is required to take to preserve a right to notice;   (f) the consequences of not submitting a timely registration; and   (g) the penalties for filing a false claim with the putative father registry.   History: En. Secs. 27, 28, Ch. 480, L. 1997.
MT Code § 42-2-215 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 2. Adoption of Child|Part 2. Putative Father Registration|42-2-215. Information maintained in registry

  42-2-215. Information maintained in registry. The department shall maintain the following information in the registry:   (1) the registration information provided by the putative father under 42-2-205;   (2) the date that the department receives a putative father's registration;   (3) the name and affiliation of any person who requests that the department search the registry to determine whether a putative father is registered in relation to a mother whose child is or may be the subject of a termination proceeding and the date the request is submitted; and   (4) any other information that the department determines is necessary to access the information in the registry.   History: En. Sec. 29, Ch. 480, L. 1997.
MT Code § 42-2-216 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 2. Adoption of Child|Part 2. Putative Father Registration|42-2-216. Storage of data

  42-2-216. Storage of data. The department shall store the registry's data in a manner so that the data is accessible through:   (1) the putative father's name;   (2) the mother's name, including the mother's maiden name, if known;   (3) the date of birth of the putative father, the mother, and the child, if known;   (4) the child's name, if known; and   (5) the social security number for the putative father, the mother, and the child, if known.   History: En. Sec. 30, Ch. 480, L. 1997; amd. Sec. 1602, Ch. 56, L. 2009.
MT Code § 42-2-217 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 2. Adoption of Child|Part 2. Putative Father Registration|42-2-217. Registry search -- request -- affidavit

  42-2-217. Registry search -- request -- affidavit. (1) The following persons may at any time request that the department search the registry to determine whether a putative father is registered in relation to a child who is or may be the subject of a proceeding to terminate parental rights:   (a) a representative of the department;   (b) a representative of an agency when the agency is or may be arranging an adoption;   (c) a prospective adoptive parent or an attorney representing a prospective adoptive parent in a direct parental placement adoption who has the notarized consent of the birth mother; or   (d) any woman who is the subject of a registration.   (2) Upon request of a person listed in subsection (1), the department shall submit an affidavit pursuant to the requirements of subsections (4) and (5).   (3) A request for information about a registration from the department must be in writing.   (4) Not later than 5 days after receiving a request for a registry search, the department shall submit an affidavit to the requestor verifying whether a putative father has registered within the period allowed under 42-2-206 in relation to a mother whose child or expected child is the subject of the termination proceeding.   (5) Whenever the department finds that one or more putative fathers are registered, the department shall:   (a) submit a copy of each registration form with the department's affidavit; and   (b) include in the affidavit the date that the department representative, agency, or attorney submitted the request for the search.   (6) A court may not issue an order terminating parental rights unless the department's affidavit under subsection (5) is filed with the court.   History: En. Sec. 31, Ch. 480, L. 1997; amd. Sec. 3, Ch. 257, L. 1999.
MT Code § 42-2-218 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 2. Adoption of Child|Part 2. Putative Father Registration|42-2-218. Duties of department upon receipt of request

  42-2-218. Duties of department upon receipt of request. (1) Whenever the department receives a request, the department shall:   (a) search its records of putative father registrations and search its records for any acknowledgment of paternity filed pursuant to 40-6-105; and   (b) notify the requestor as to whether a paternity action has been filed and a paternity order issued to the department requiring the issuance of a new birth certificate concerning a child who is or may be the subject of an adoption that the attorney or agency is arranging.   (2) The department may charge a reasonable fee for responding to a request under this section.   History: En. Sec. 32, Ch. 480, L. 1997.
MT Code § 42-2-219 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 2. Adoption of Child|Part 2. Putative Father Registration|42-2-219. through 42-2-221 reserved

  42-2-219 through 42-2-221 reserved.
MT Code § 42-2-222 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 2. Adoption of Child|Part 2. Putative Father Registration|42-2-222. Failure of agency to post notice

  42-2-222. Failure of agency to post notice. Failure of an agency to post a proper notice under 42-2-214 does not relieve a putative father of the obligation to register with the department in accordance with the putative father registry in order to entitle the putative father, because of registration, to notice of proceedings involving a child who may have been fathered by the putative father.   History: En. Sec. 33, Ch. 480, L. 1997.
MT Code § 42-2-223 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 2. Adoption of Child|Part 2. Putative Father Registration|42-2-223. Revocation of registration

  42-2-223. Revocation of registration. Unless a support order has been issued, a putative father may revoke a registration at any time by submitting to the department a signed, notarized statement revoking the registration.   History: En. Sec. 34, Ch. 480, L. 1997.
MT Code § 42-2-224 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 2. Adoption of Child|Part 2. Putative Father Registration|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 request. The department shall furnish a certified copy of the putative father's registration form upon written request by:   (1) a putative father whose name appears on the registration form being requested;   (2) a mother whose name appears on the registration form being requested;   (3) upon reaching majority, a person who was the subject of a registration;   (4) a prospective adoptive parent or an attorney representing a prospective adoptive parent in a direct parental placement adoption who has the notarized consent of the birth mother;   (5) a licensed child-placing agency;   (6) a court that presides over a pending adoption;   (7) the child support enforcement division of the department; or   (8) a representative of the department involved in an adoption or a neglect and dependency proceeding under Title 41, chapter 3.   History: En. Sec. 35, Ch. 480, L. 1997.
MT Code § 42-2-225 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 2. Adoption of Child|Part 2. Putative Father Registration|42-2-225. Information confidential

  42-2-225. Information confidential. Except as otherwise provided in this part, information contained within the registry is confidential.   History: En. Sec. 36, Ch. 480, L. 1997.
MT Code § 42-2-226 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 2. Adoption of Child|Part 2. Putative Father Registration|42-2-226. Registration of false information -- criminal and civil penalties

  42-2-226. Registration of false information -- criminal and civil penalties A person who purposely or knowingly registers false information or requests confidential information in violation of a putative father registry commits a misdemeanor and may be civilly liable for damages.   History: En. Sec. 37, Ch. 480, L. 1997.
MT Code § 42-2-227 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 2. Adoption of Child|Part 2. Putative Father Registration|42-2-227. through 42-2-229 reserved

  42-2-227 through 42-2-229 reserved.
MT Code § 42-2-230 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 2. Adoption of Child|Part 2. Putative Father Registration|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 fathers -- fraud no defense. (1) The legislature finds no practical way to remove all risk of fraud or misrepresentation in adoption proceedings and has provided protection of a putative father's rights. In balancing the rights and interests of the state and of all parties affected by fraud, specifically the child, the adoptive parents, and the putative father, the legislature determines that the putative father is in the best position to prevent or ameliorate the effects of fraud and that, therefore, the burden of establishing fraud against the putative father by clear and convincing evidence must be born by the putative father.   (2) Each parent of a child conceived or born outside of marriage to the other parent is responsible for that parent's own actions and assertion of their parental rights notwithstanding any action, statement, or omission of the other parent or third parties.   (3) A person injured by fraudulent representations or actions in connection with an adoption is entitled to pursue civil or criminal penalties. A fraudulent representation is not a defense for failure to comply with the requirements of the putative father registry and is not a basis for dismissal of a petition for adoption, vacation of an adoption decree, or an automatic grant of custody to the injured party.   (4) A putative father who resides in another state may contest an adoption prior to issuance of a decree of adoption and may assert the putative father's interest in the child. If the adoption is contested, the court shall hold an evidentiary hearing to determine if:   (a) the putative father resides and has resided in another state where the unmarried mother lived or resided either at the time of conception or through a portion of the pregnancy;   (b) the mother left that state, concealing the location from the putative father regarding where the mother could be contacted or located;   (c) the father has, through every reasonable means, attempted to locate the mother but has been unable to do so; and   (d) the putative father has complied with the requirements of the state where the mother previously resided or was located in order to protect and preserve the putative father's parental interest and rights concerning the child in cases of adoption.   History: En. Sec. 38, Ch. 480, L. 1997.
MT Code § 42-2-301 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 2. Adoption of Child|Part 3. Consent for Adoption|42-2-301. Consent required

  42-2-301. Consent required. An adoption of a child may be decreed when written consents to adoption have been executed by:   (1) the birth mother;   (2) the husband of the birth mother if the husband is the presumed father of the child under 40-6-105;   (3) any other person whose parental rights have been established by a court;   (4) the department or an agency that has custody of the child and the authority to place the child for adoption;   (5) the legal guardian of the child if both parents are dead or their rights have been judicially terminated and the guardian has authority by order of the court appointing the guardian to consent to the adoption;   (6) the child, either in writing or in court, if the child is 12 years of age or older unless the child does not have the mental capacity to consent.   History: En. Sec. 39, Ch. 480, L. 1997.
MT Code § 42-2-302 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 2. Adoption of Child|Part 3. Consent for Adoption|42-2-302. Persons whose consent not required

  42-2-302. Persons whose consent not required. Consent to adoption of a child is not required from:   (1) an individual whose parental relationship to the child has been judicially terminated for unfitness or has been determined not to exist or who has waived parental rights;   (2) a parent who has been judicially declared incompetent;   (3) an individual who has not been married to the mother of the child and who, after the conception of the child, executes a notarized statement denying paternity or a notarized statement acknowledging paternity and denying any interest in the child; or   (4) the personal representative of a deceased parent's estate.   History: En. Sec. 40, Ch. 480, L. 1997.
MT Code § 42-2-303 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 2. Adoption of Child|Part 3. Consent for Adoption|42-2-303. Form of consent

  42-2-303. Form of consent. The consents required by 42-2-301 must be acknowledged before an officer authorized to take acknowledgments or witnessed by a representative of the department, an agency, or the court.   History: En. Sec. 41, Ch. 480, L. 1997.
MT Code § 42-2-401 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 2. Adoption of Child|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. A parent may voluntarily make a child available for adoption by:   (1) executing a voluntary relinquishment and consent to adoption;   (2) executing a denial of paternity; or   (3) submitting a notarized acknowledgment of paternity and a denial of any interest in custody of the child.   History: En. Sec. 42, Ch. 480, L. 1997.
MT Code § 42-2-402 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 2. Adoption of Child|Part 4. Voluntary Relinquishment and Consent to Adopt|42-2-402. Voluntary relinquishment -- validity

  42-2-402. Voluntary relinquishment -- validity. (1) A voluntary relinquishment is not valid unless the parent specifically relinquishes custody of the child to the department, a licensed child-placing agency, or a specifically identified prospective adoptive parent and:   (a) the department or agency to whom the child is being relinquished has agreed in writing to accept custody of the child until the child is adopted; or   (b) the identified prospective adoptive parent has agreed in writing to accept temporary custody and to provide support and care to the child until that person's adoption petition is granted or denied.   (2) A voluntary relinquishment of a parent's rights solely to the child's other parent does not relieve the parent executing the relinquishment of any duty owed to the child or for the child's support.   History: En. Sec. 43, Ch. 480, L. 1997.
MT Code § 42-2-403 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 2. Adoption of Child|Part 4. Voluntary Relinquishment and Consent to Adopt|42-2-403. Arrearages of child support -- responsibility to child

  42-2-403. Arrearages of child support -- responsibility to child. (1) A voluntary relinquishment of a parent's rights and responsibilities toward a child does not cancel any responsibility to pay arrearages of child support unless the party to whom the arrearages are owed agrees in writing to waive the payment of the arrearages.   (2) A parent who executes a voluntary relinquishment of rights and responsibilities toward a child remains financially responsible for the child until a court actually terminates parental rights to the child.   History: En. Sec. 44, Ch. 480, L. 1997.
MT Code § 42-2-404 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 2. Adoption of Child|Part 4. Voluntary Relinquishment and Consent to Adopt|42-2-404. Who may relinquish -- to whom

  42-2-404. Who may relinquish -- to whom. (1) A parent or guardian whose consent to the adoption of a child is required may relinquish to the department or an agency all rights with respect to the child, including legal and physical custody and the right to consent to the child's adoption.   (2) A parent or guardian whose consent to the adoption of a child is required and who has filed a notice of parental placement under 42-4-103 for a direct parental placement adoption may:   (a) relinquish to the prospective adoptive parent all rights with respect to the child, including legal and physical custody; and   (b) consent to the child's adoption by the prospective adoptive parents.   History: En. Sec. 45, Ch. 480, L. 1997.