reglab/housing_qa huggingface dataset:
MT Code § 42-4-211 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 4. Placements for Adoption|Part 2. Placements by Department or Licensed Child-Placing Agency|42-4-211. Postadoptive counseling and support -- intent

  42-4-211. Postadoptive counseling and support -- intent. (1) An agency may have a specific program, separate from its program for the care and placement of children, to provide postadoptive counseling and support for birth parents who have relinquished children for adoption. The program may include but is not limited to grief and loss counseling, temporary housing, mentoring services, job training, life skills development, budgeting and financial management, educational opportunities, and transportation.   (2) (a) The provision of the services in subsection (1) may not be included by an agency in the fees related to placement for adoption by a parent as provided in 42-7-101.   (b) An agency providing postadoptive counseling and support shall include a full accounting of the operation of the program as part of the financial statement required in 52-8-104.   (c) An agency may accept federal funds, grants, or donations specifically for the purpose of funding a program to provide the services in subsection (1) that is separate from the agency's program for the care and placement of children.   History: En. Sec. 1, Ch. 151, L. 2009.
MT Code § 42-4-301 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 4. Placements for Adoption|Part 3. Stepparent Adoption|42-4-301. Relinquishment to stepparent

  42-4-301. Relinquishment to stepparent. (1) A parent may relinquish parental rights for the purposes of adoption of a child by the child's stepparent or a member of the child's extended family. The relinquishment must be executed in accordance with 42-2-401 through 42-2-405 and 42-2-408 through 42-2-413. The relinquishment may be executed at any time after the child is 72 hours old.   (2) The stepparent or extended family member shall accept the relinquishment in writing.   History: En. Sec. 112, Ch. 480, L. 1997.
MT Code § 42-4-302 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 4. Placements for Adoption|Part 3. Stepparent Adoption|42-4-302. Standing to adopt stepchild

  42-4-302. Standing to adopt stepchild. (1) A stepparent has standing to file a petition for adoption of a minor child of the stepparent's spouse if:   (a) the spouse has legal and physical custody of the child and the child has been in the physical custody of the spouse and the stepparent during the 60 days preceding the filing of a petition for adoption;   (b) the spouse is deceased or mentally incompetent but, before dying or being judicially declared mentally incompetent, had legal and physical custody of the child, and the child has resided primarily with the stepparent during the 12 months preceding the filing of the petition; or   (c) the department or an agency placed the child with the stepparent.   (2) For good cause shown, a court may allow an individual who is not the stepparent but who has the consent of the custodial parent of a child to file a petition for adoption. The petition must be treated as if the petitioner were a stepparent.   (3) A petition for adoption by a stepparent may be joined with a petition for termination of parental rights.   History: En. Sec. 113, Ch. 480, L. 1997; amd. Sec. 12, Ch. 257, L. 1999.
MT Code § 42-4-303 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 4. Placements for Adoption|Part 3. Stepparent Adoption|42-4-303. Consent to adoption

  42-4-303. Consent to adoption. (1) Upon the filing of the petition for adoption by the stepparent, the child's custodial parent shall file consent to adoption executed pursuant to 42-4-304.   (2) If the child has attained 12 years of age, the child shall consent to the adoption.   History: En. Sec. 114, Ch. 480, L. 1997; amd. Sec. 13, Ch. 257, L. 1999.
MT Code § 42-4-304 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 4. Placements for Adoption|Part 3. Stepparent Adoption|42-4-304. Consent to adoption -- stepparent's spouse

  42-4-304. Consent to adoption -- stepparent's spouse. (1) A consent to adoption executed by a parent who is the stepparent's spouse must be signed in the presence of an individual authorized to take acknowledgments.   (2) A consent must be in writing and must state that:   (a) the parent executing the consent has legal and physical custody of the child and voluntarily and unequivocally consents to the adoption of the child by the stepparent;   (b) the adoption will not terminate the parental relationship between the parent executing the consent and the child; and   (c) the parent executing the consent understands and agrees that:   (i) the adoption will terminate the relationship of parent and child between the child's other parent and the child and will terminate any existing court order for custody, visitation, or communication with the child;   (ii) the child and any descendant of the child will retain rights of inheritance from or through the child's other parent; and   (iii) a court order for visitation or communication with the child by an individual related to the child through the parent executing the relinquishment or an agreement or order concerning another individual that is approved by the court survives the decree of adoption, but that failure to comply with the terms of the order or agreement is not a ground for revoking or setting aside the consent or the adoption.   History: En. Sec. 115, Ch. 480, L. 1997; amd. Sec. 14, Ch. 257, L. 1999.
MT Code § 42-4-305 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 4. Placements for Adoption|Part 3. Stepparent Adoption|42-4-305. Repealed

  42-4-305. Repealed. Sec. 20, Ch. 257, L. 1999.   History: En. Sec. 116, Ch. 480, L. 1997.
MT Code § 42-4-306 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 4. Placements for Adoption|Part 3. Stepparent Adoption|42-4-306. through 42-4-308 reserved

  42-4-306 through 42-4-308 reserved.
MT Code § 42-4-309 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 4. Placements for Adoption|Part 3. Stepparent Adoption|42-4-309. Preplacement and postplacement evaluation period -- waiver

  42-4-309. Preplacement and postplacement evaluation period -- waiver. In a stepparent adoption, if the court is satisfied that the adoption is in the best interests of the child, the court may waive the requirement of a preplacement evaluation and the 6-month postplacement evaluation and report and grant a decree of adoption.   History: En. Sec. 117, Ch. 480, L. 1997; amd. Sec. 15, Ch. 257, L. 1999.
MT Code § 42-4-310 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 4. Placements for Adoption|Part 3. Stepparent Adoption|42-4-310. Petition for adoption -- notice -- hearing

  42-4-310. Petition for adoption -- notice -- hearing. A stepparent who desires to adopt a stepchild shall obtain an order of termination of parental rights of the child's noncustodial parent prior to or contemporaneously with the petition to adopt. Any necessary consents must be filed with the petition for adoption. Notice of the hearing on the petition must be given, and the stepparent shall attend the hearing conducted by the court.   History: En. Sec. 118, Ch. 480, L. 1997; amd. Sec. 16, Ch. 257, L. 1999.
MT Code § 42-4-311 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 4. Placements for Adoption|Part 3. Stepparent Adoption|42-4-311. Legal consequences of adoption of stepchild

  42-4-311. Legal consequences of adoption of stepchild. (1) Except as provided in subsections (2) and (3), the legal consequences of an adoption of a stepchild by a stepparent are the same as the consequences under 42-5-202.   (2) An adoption by a stepparent does not affect:   (a) the relationship between the adoptee and the adoptee's parent who is the adoptive stepparent's spouse or deceased spouse;   (b) an existing court order for visitation or communication with a child by an individual related to the adoptee through either parent; or   (c) the right of the adoptee or a descendant of the adoptee to inheritance or intestate succession through or from the adoptee's former parent.   (3) Failure to comply with an agreement or order is not a ground for challenging the validity of an adoption by a stepparent.   History: En. Sec. 119, Ch. 480, L. 1997.
MT Code § 42-4-312 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 4. Placements for Adoption|Part 3. Stepparent Adoption|42-4-312. Arrearages of child support

  42-4-312. Arrearages of child support. A termination 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 payment.   History: En. Sec. 120, Ch. 480, L. 1997.
MT Code § 42-4-401 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 4. Placements for Adoption|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 age of legal majority may be adopted without the consent of the person's parents.   History: En. Sec. 121, Ch. 480, L. 1997.
MT Code § 42-4-402 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 4. Placements for Adoption|Part 4. Adoption of Adults and Emancipated Minors|42-4-402. Who may adopt adult or emancipated minor

  42-4-402. Who may adopt adult or emancipated minor. (1) An adult may adopt another adult or an emancipated minor pursuant to this section. However, an adult may not adopt the adult's spouse. An adoption of an incompetent individual of any age must comply with all requirements set by law for the adoption of a child.   (2) An individual who has adopted an adult or emancipated minor may not adopt another adult or emancipated minor within 1 year after the adoption unless the prospective adoptee is a sibling of the adoptee.   History: En. Sec. 122, Ch. 480, L. 1997.
MT Code § 42-4-403 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 4. Placements for Adoption|Part 4. Adoption of Adults and Emancipated Minors|42-4-403. Consent to adoption

  42-4-403. Consent to adoption. (1) Consent to the adoption of an adult or emancipated minor is required only of:   (a) the adoptee;   (b) the prospective adoptive parent; and   (c) the spouse of the prospective adoptive parent unless:   (i) the spouse and the prospective adoptive parent are legally separated; or   (ii) the court finds that the spouse is not capable of giving consent or is withholding consent contrary to the best interests of the adoptee and the prospective adoptive parent.   (2) The consent of the adoptee and the prospective adoptive parent must:   (a) be in writing and be signed in the presence of the court or an individual authorized to take acknowledgments;   (b) state that the parties agree to assume toward each other the legal relationship of parent and child and to have all of the rights and be subject to all of the duties of that relationship; and   (c) state that the parties understand the consequences that the adoption may have for any right of inheritance, property, or support.   (3) The consent of the spouse of the prospective adoptive parent:   (a) must be in writing and be signed in the presence of the court or an individual authorized to take acknowledgments;   (b) must state that the spouse:   (i) consents to the proposed adoption; and   (ii) understands the consequences that the adoption may have for any right of inheritance, property, or support that the spouse has; and   (c) may contain a waiver of notice of any proceeding for adoption.   History: En. Sec. 123, Ch. 480, L. 1997.
MT Code § 42-4-404 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 4. Placements for Adoption|Part 4. Adoption of Adults and Emancipated Minors|42-4-404. Jurisdiction and venue

  42-4-404. Jurisdiction and venue. (1) The court has jurisdiction over a proceeding for the adoption of an adult or emancipated minor if the petitioner has lived in Montana for at least 90 days immediately preceding the filing of a petition for adoption.   (2) A petition for adoption must be filed in the court in the county in which a petitioner lives.   History: En. Sec. 124, Ch. 480, L. 1997.
MT Code § 42-4-405 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 4. Placements for Adoption|Part 4. Adoption of Adults and Emancipated Minors|42-4-405. Procedure

  42-4-405. Procedure. Except as otherwise provided in this part, the procedure and law for adoption of a child set forth in this title is applicable in proceedings for the adoption of an adult. The provisions concerning the adoptive decision support services requirement, preplacement evaluation, postplacement supervision period, and postplacement evaluation are not applicable to the adoption of an adult.  History: En. Sec. 125, Ch. 480, L. 1997; amd. Sec. 8, Ch. 175, L. 2021.
MT Code § 42-5-101 (2021)
2021 Montana Code Annotated|Title 42. Adoption|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 be verified and must specify:   (a) the full names, ages, and place and duration of residence of the petitioners;   (b) the current marital status of petitioners and, if married, the place and date of the marriage;   (c) the circumstances under which the petitioners obtained physical custody of the child and the name of the individual or agency that placed the child;   (d) the date and place of birth of the child, if known;   (e) the name used for the child in the proceeding and, if a change in name is desired, the full name by which the child is to be known;   (f) that it is the desire of the petitioners that the relationship of parent and child be established between the petitioners and the child and to have all the rights and be subject to all the duties of that relationship;   (g) a full description and statement of value of all property owned or possessed by the child;   (h) the facts, if any, that excuse consent on the part of a person whose consent is required for the adoption;   (i) that any applicable law governing interstate or intercountry placement was complied with;   (j) that, if applicable, the Indian Child Welfare Act, 25 U.S.C. 1901, et seq., was complied with;   (k) whether a previous petition has been filed by the petitioners to adopt the child at issue or any other child in any court and the disposition of the petitions; and   (l) the name and address, if known, of any person who is entitled to receive notice of the petition for adoption.   (2) There must be attached to or accompanying the petition:   (a) any written consent required by 42-2-301;   (b) a certified copy of any court order terminating the rights of the child's parents;   (c) a certified copy of any existing court order in any pending proceeding concerning custody of or visitation with the child;   (d) a copy of any agreement with a public agency to provide a subsidy for the benefit of the child with a special need;   (e) the postplacement evaluation prepared pursuant to 42-4-113 or 42-4-209;   (f) a disclosure of any disbursements made in connection with the adoption proceeding.   (3) One copy of the petition must be retained by the court. A copy must be sent to:   (a) the department or to the agency participating in the adoption proceeding;   (b) the parent placing the child for adoption in a direct parental placement adoption; or   (c) the child's guardian ad litem if the child has one.   (4) Proceedings initiated under this part are subject to the Montana Rules of Civil Procedure except as modified by this part.   History: En. Sec. 126, Ch. 480, L. 1997; amd. Sec. 17, Ch. 257, L. 1999; amd. Sec. 24, Ch. 311, L. 2001.
MT Code § 42-5-102 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 5. Legal Proceedings|Part 1. Dispositional Hearing and Adoption Decree|42-5-102. Time for action on petition for adoption -- waiver

  42-5-102. Time for action on petition for adoption -- waiver. Not less than 6 months from the date the child has been placed with the prospective adoptive parent, the prospective adoptive parent may apply to the court for a decree of adoption. If the best interests of the adoptee are served, then pursuant to 42-4-205 and 42-4-309, the court may waive the 6-month postplacement evaluation period and summarily consider an adoption petition.   History: En. Sec. 127, Ch. 480, L. 1997.
MT Code § 42-5-103 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 5. Legal Proceedings|Part 1. Dispositional Hearing and Adoption Decree|42-5-103. Notice of hearing

  42-5-103. Notice of hearing. (1) Upon the filing of a petition for adoption, notice of hearing must be served on:   (a) a person whose consent to adoption is required under 42-2-301;   (b) the department or agency whose consent to adoption is required;   (c) the spouse of the petitioner if the spouse has not joined in the petition;   (d) a person who has revoked a consent or relinquishment or is attempting to have a consent or relinquishment set aside;   (e) the child's guardian ad litem if the child has one; and   (f) any other person named by the court to receive notice.   (2) The notice must direct the person to appear in court at the time specified and to show cause why the petition should not be granted.   (3) A notice of hearing is not required to be served on any party:   (a) whose parental rights have been terminated in prior proceedings;   (b) who waives notice in a relinquishment, consent, or other document signed by the party;   (c) who has consented in writing to an adoption; or   (d) whose consent to adoption is not required under 42-2-302.   History: En. Sec. 128, Ch. 480, L. 1997; amd. Sec. 25, Ch. 311, L. 2001.
MT Code § 42-5-104 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 5. Legal Proceedings|Part 1. Dispositional Hearing and Adoption Decree|42-5-104. Content of notice

  42-5-104. Content of notice. The notice required by 42-5-103 must contain:   (1) the caption of the petition;   (2) the address and telephone number of the court in which the petition is pending;   (3) a concise summary of the relief requested in the petition;   (4) the name, mailing address, and telephone number of the petitioner or the petitioner's attorney; and   (5) a statement of the method of responding to the notice and the consequences of failure to respond.   History: En. Sec. 129, Ch. 480, L. 1997.
MT Code § 42-5-105 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 5. Legal Proceedings|Part 1. Dispositional Hearing and Adoption Decree|42-5-105. Hearing on petition for adoption

  42-5-105. Hearing on petition for adoption. (1) The petitioners and the child shall appear at the hearing unless the presence of the child is waived by the court.   (2) The court shall examine the petition, the documents accompanying the petition, and the petitioners and shall receive evidence in support of the petition.   History: En. Sec. 130, Ch. 480, L. 1997.
MT Code § 42-5-106 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 5. Legal Proceedings|Part 1. Dispositional Hearing and Adoption Decree|42-5-106. Granting petition for adoption -- denial of petition

  42-5-106. Granting petition for adoption -- denial of petition. (1) The court shall issue a decree of adoption awarding custody of the child to the petitioners based on the evidence received if it determines that:   (a) the child has been in the physical custody of the petitioners for at least 6 months, unless the court for good cause shown waives this requirement pursuant to 42-4-205 or 42-4-309;   (b) notice of hearing on the petition for adoption was properly served or dispensed with;   (c) every necessary consent, relinquishment, waiver, disclaimer, or judicial order terminating parental rights has been obtained and filed with the court;   (d) any evaluation required by this title has been filed with and considered by the court; and   (e) the adoption is in the best interests of the child.   (2) If the petition for adoption is denied, the court shall dismiss the petition and enter an appropriate order as to the future custody of the child according to the best interests of the child.   History: En. Sec. 131, Ch. 480, L. 1997.
MT Code § 42-5-107 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 5. Legal Proceedings|Part 1. Dispositional Hearing and Adoption Decree|42-5-107. Best interests of child

  42-5-107. Best interests of child. (1) In determining whether to grant a petition to adopt, the court shall consider all relevant factors in determining the best interests of the child. The court shall consider factors relevant to the determination of a prospective adoptive parent's parenting ability, the future security for a child, and familial stability.   (2) In a contested adoption proceeding involving a child, the court shall consider the factors set out in subsection (1) and shall also consider:   (a) the nature and length of any relationship already established between a child and any person seeking to adopt the child;   (b) the nature of any family relationship between the child and any person seeking to adopt the child and whether that person has established a positive emotional relationship with the child;   (c) the harm that could result to the child from a change in placement;   (d) whether any person seeking to adopt the child has adopted a sibling or half-sibling of the child;   (e) which, if any, of the persons seeking to adopt the child were selected by the placing parent or the department or agency whose consent to the adoption is required.   (3) In an Indian child placement, the court shall determine if the requirements of the Indian Child Welfare Act, 25 U.S.C. 1901, et seq., have been met.   History: En. Sec. 132, Ch. 480, L. 1997.
MT Code § 42-5-108 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 5. Legal Proceedings|Part 1. Dispositional Hearing and Adoption Decree|42-5-108. Removal of child from state

  42-5-108. Removal of child from state. Before a decree of adoption is issued, a petitioner may not remove the child from the state for more than 30 consecutive days without the permission of:   (1) the court if the child was placed directly for adoption; or   (2) the department or the agency that placed the child for adoption.   History: En. Sec. 133, Ch. 480, L. 1997.
MT Code § 42-5-109 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 5. Legal Proceedings|Part 1. Dispositional Hearing and Adoption Decree|42-5-109. Decree of adoption

  42-5-109. Decree of adoption. A decree of adoption must state:   (1) the original name of the child;   (2) the name of the petitioner for adoption;   (3) whether the petitioner is married or unmarried;   (4) whether the petitioner is a stepparent of the child;   (5) the name by which the child is to be known;   (6) for a child born in Montana, a direction to the vital statistics bureau to issue a new birth certificate unless the adoptee is 12 years of age or older and requests that a new certificate not be issued;   (7) the child's date and place of birth, if known;   (8) the effect of the decree of adoption as stated in 42-5-202;   (9) that the adoption is in the best interests of the child; and   (10) if known, whether either birth parent objects to the release of the original birth certificate information upon the adoptee reaching 18 years of age.   History: En. Sec. 134, Ch. 480, L. 1997; amd. Sec. 18, Ch. 257, L. 1999.
MT Code § 42-5-201 (2021)
2021 Montana Code Annotated|Title 42. Adoption|Chapter 5. Legal Proceedings|Part 2. Legal Effect|42-5-201. Communication of decree to department

  42-5-201. Communication of decree to department. (1) Within 30 days after a decree of adoption becomes final, the clerk of court shall send a report of the adoption to the department.   (2) If petitioners have requested it, the court shall order the vital statistics bureau to issue a new birth certificate to the child.   History: En. Sec. 135, Ch. 480, L. 1997.