reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 42. Adoption › Chapter 4. Placements for Adoption › 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.
(1) All relevant factors must be considered in determining the best interests of the child in an adoption proceeding. Factors relevant to the determination of a prospective adoptive parent's parenting ability, the future security for a child, and familial stability must be considered. In determining the best interests of the child, the following factors with regard to a prospective adoptive parent may be considered:
(a) age, as it relates to health, earning capacity, provisions for the support of a child, or other relevant circumstances;
(b) marital status, as it relates to the ability to serve as a parent in particularized circumstances; and
(c) religion, as it relates to the ability to provide the child with an opportunity for religious or spiritual and ethical development and as it relates to the express preference of a birth parent or a child to be placed with an adoptive parent of a particular religious faith or denomination.
(2) For purposes of ensuring that the best interests of the child are met, the department or a licensed child-placing agency is authorized to gather and use, in an appropriate, nonarbitrary manner, information concerning the age, marital status, and religious beliefs of a prospective adoptive parent. The authority granted by this subsection includes the authority to receive and to consider, consistent with the best interests of the child, the preferences of birth parents relating to the age, marital status, or religious beliefs of an adoptive parent.
(3) Consideration of religious factors by a licensed child-placing agency that is affiliated with a particular religious faith is not arbitrary consideration of religion within the meaning of this section.
History: En. Sec. 104, Ch. 480, L. 1997.
2023 Montana Code Annotated › Title 42. Adoption › Chapter 4. Placements for Adoption › Part 2. Placements by Department or Licensed Child-Placing Agency › 42-4-202. Parties to department or agency placement

42-4-202. Parties to department or agency placement.
A parent of a child may relinquish the child for adoption to the department or a licensed child-placing agency. The department or agency shall agree in writing to accept the relinquishment of a placing parent as provided in 42-2-402 before the relinquishment is valid.
History: En. Sec. 105, Ch. 480, L. 1997.
2023 Montana Code Annotated › Title 42. Adoption › Chapter 4. Placements for Adoption › Part 2. Placements by Department or Licensed Child-Placing Agency › 42-4-203. Duties of placing parent

42-4-203. (Temporary) Duties of placing parent.
(1) A parent who is placing a child for adoption shall comply with the provisions for executing a voluntary relinquishment and consent to adopt.
(2) A parent placing a child for adoption shall identify and provide information on the location of:
(a) any other legal parent or guardian of the child and any other person required to receive notice under 42-2-605, including any current spouse; and
(b) any spouse who is the other birth parent and to whom the parent was married at the probable time of conception or birth of the child.
(3) A parent placing a child for adoption shall identify and provide information pertaining to any Indian heritage of the child that would bring the child within the jurisdiction of the federal Indian Child Welfare Act, 25 U.S.C. 1901, et seq., or the Montana Indian Child Welfare Act provided for in Title 41, chapter 3, part 13.
(4) A parent placing a child for adoption shall provide:
(a) the disclosures of medical and social history;
(b) a certified copy of the child's birth certificate or other document certifying the place and date of the child's birth; and
(c) a certified copy of any existing court orders pertaining to custody or visitation of the child. (Terminates June 30, 2025--sec. 55, Ch. 716, L. 2023.)
42-4-203. (Effective July 1, 2025) Duties of placing parent.
(1) A parent who is placing a child for adoption shall comply with the provisions for executing a voluntary relinquishment and consent to adopt.
(2) A parent placing a child for adoption shall identify and provide information on the location of:
(a) any other legal parent or guardian of the child and any other person required to receive notice under 42-2-605, including any current spouse; and
(b) any spouse who is the other birth parent and to whom the parent was married at the probable time of conception or birth of the child.
(3) A parent placing a child for adoption shall identify and provide information pertaining to any Indian heritage of the child that would bring the child within the jurisdiction of the Indian Child Welfare Act, 25 U.S.C. 1901, et seq.
(4) A parent placing a child for adoption shall provide:
(a) the disclosures of medical and social history;
(b) a certified copy of the child's birth certificate or other document certifying the place and date of the child's birth; and
(c) a certified copy of any existing court orders pertaining to custody or visitation of the child.
History: En. Sec. 106, Ch. 480, L. 1997; amd. Sec. 45, Ch. 716, L. 2023.
2023 Montana Code Annotated › Title 42. Adoption › Chapter 4. Placements for Adoption › Part 2. Placements by Department or Licensed Child-Placing Agency › 42-4-204. Counseling requirements

42-4-204. Counseling requirements.
To the extent required by this title and the department's or agency's standards, the department or agency shall provide counseling to the parties involved in the adoption.
History: En. Sec. 107, Ch. 480, L. 1997.
2023 Montana Code Annotated › Title 42. Adoption › Chapter 4. Placements for Adoption › Part 2. Placements by Department or Licensed Child-Placing Agency › 42-4-205. Waiting period following placement of child

42-4-205. Waiting period following placement of child.
(1) Once the department or agency has received custody of the child and placed the child for adoption, the department or agency shall supervise and evaluate the placement during a 6-month postplacement evaluation period.
(2) The department or agency may recommend in the postplacement evaluation filed with the petition for adoption that the court issue a decree of adoption sooner than the 6-month postplacement evaluation period if:
(a) (i) a period of at least 6 months has elapsed since the department or agency placed the child in the prospective adoptive home; and
(ii) the department or agency has completed a postplacement evaluation during that period; or
(b) (i) a postplacement evaluation has been completed and filed with the court; and
(ii) there are detailed extenuating circumstances supporting a waiver of the 6-month postplacement evaluation period.
(3) The department or an agency may recommend the waiver of the 6-month postplacement evaluation period and the postplacement evaluation if the adoptee has been in the petitioner's home as a foster child for at least 1 year.
History: En. Sec. 108, Ch. 480, L. 1997.
2023 Montana Code Annotated › Title 42. Adoption › Chapter 4. Placements for Adoption › Part 2. Placements by Department or Licensed Child-Placing Agency › 42-4-206. Petition for adoption filed by prospective adoptive parent

42-4-206. Petition for adoption filed by prospective adoptive parent.
After the child has been placed by the department or agency with the prospective adoptive parent, the parent shall file a petition for adoption.
History: En. Sec. 109, Ch. 480, L. 1997.
2023 Montana Code Annotated › Title 42. Adoption › Chapter 4. Placements for Adoption › Part 2. Placements by Department or Licensed Child-Placing Agency › 42-4-210. Consent to adoption

42-4-210. Consent to adoption.
(1) Upon the filing of the petition for adoption by the prospective adoptive parent, the department or agency that has custody of the child shall file its consent to adoption.
(2) Except as provided in subsection (3), the withdrawal of a consent for an adoption filed by the department or an agency in connection with that petition for adoption is not permitted.
(3) Upon a motion to withdraw consent, notice and opportunity to be heard must be given to the petitioner and to the person seeking to withdraw consent. The court may, if it finds that the best interests of the child will be furthered, issue a written order permitting the withdrawal of the consent.
(4) The entry of a decree of adoption renders a consent irrevocable.
History: En. Sec. 111, Ch. 480, L. 1997.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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. (Temporary) 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 federal Indian Child Welfare Act, 25 U.S.C. 1901, et seq., and the Montana Indian Child Welfare Act provided for in Title 41, chapter 3, part 13, have been met. (Terminates June 30, 2025--sec. 55, Ch. 716, L. 2023.)
42-5-107. (Effective July 1, 2025) 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; amd. Sec. 48, Ch. 716, L. 2023.
2023 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.
2023 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.
2023 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.
2023 Montana Code Annotated › Title 42. Adoption › Chapter 5. Legal Proceedings › Part 2. Legal Effect › 42-5-202. Effect of decree

42-5-202. Effect of decree.
(1) After the decree of adoption is entered:
(a) the relationship of parent and child and all the rights, duties, and other legal consequences of the relation of parent and child exist between the adoptee and the adoptive parent and the kindred of the adoptive parent;
(b) the former parents and the kindred of the former parents of the adoptee, unless they are the adoptive parents or the spouse of an adoptive parent, are relieved of all parental responsibilities for the adoptee and have no rights over the adoptee except for a former parent's duty to pay arrearages for child support.
(2) A decree of adoption must include notice to the vital statistics bureau if it is known that either birth parent objects to release of the information on the original birth certificate upon the adoptee reaching 18 years of age.
(3) The relationship of parent and child for the purposes of intestate succession is governed by Title 72.
History: En. Sec. 136, Ch. 480, L. 1997; amd. Sec. 19, Ch. 257, L. 1999.
2023 Montana Code Annotated › Title 42. Adoption › Chapter 5. Legal Proceedings › Part 2. Legal Effect › 42-5-203. Finality of decree -- expediency

42-5-203. Finality of decree -- expediency.
(1) For purposes of appeal, the decree of adoption is a final order when it is issued.
(2) A person may appeal from the order in the manner and form provided for appeals from a judgment in civil actions.
(3) An appeal from a decree of adoption must be heard expeditiously pursuant to the provisions of 42-2-618.
History: En. Sec. 137, Ch. 480, L. 1997.
2023 Montana Code Annotated › Title 42. Adoption › Chapter 5. Legal Proceedings › Part 2. Legal Effect › 42-5-205. Foreign adoption decrees

42-5-205. Foreign adoption decrees.
When the relationship of parent and child has been created by a decree of adoption of a court of any other state or country, the rights and obligations of the parties as to matters within the jurisdiction of this state must be determined pursuant to this title.
History: En. Sec. 139, Ch. 480, L. 1997.
2023 Montana Code Annotated › Title 42. Adoption › Chapter 5. Legal Proceedings › 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 in this title, a decree of adoption terminates any existing order or written or oral agreement for contact or communication between the adoptee and the birth parents or family.
(2) Any express written agreement entered into between the placing parent and the prospective adoptive parent after the execution of a relinquishment and consent to adoption is independent of the adoption proceedings, and any relinquishment and consent to adopt remains valid whether or not the agreement for contact or communication is later performed. Failure to perform an agreement is not grounds for setting aside an adoption decree.
(3) A court may order that an agreement for contact or communication entered into under this section may not be enforced upon a finding that:
(a) enforcement is detrimental to the child;
(b) enforcement undermines the adoptive parent's parental authority; or
(c) due to a change in circumstances, compliance with the agreement would be unduly burdensome to one or more of the parties.
History: En. Sec. 140, Ch. 480, L. 1997.
2023 Montana Code Annotated › Title 42. Adoption › 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 orders otherwise, all hearings held in proceedings under this title are confidential and must be held in closed court without admittance of any person other than interested parties and their counsel.
(2) All papers and records pertaining to the adoption must be kept as a permanent record of the court and must be withheld from inspection. A person may not have access to the records, except:
(a) for good cause shown on order of the judge of the court in which the decree of adoption was entered;
(b) as provided in this part;
(c) as provided in 50-15-121 and 50-15-122; or
(d) the department's child support enforcement division providing services under 42 U.S.C. 651, et seq.
(3) All files and records pertaining to adoption proceedings retained by the department, a licensed child-placing agency, a lawyer, or any authorized agency are confidential and must be withheld from inspection, except as provided in 50-15-121, 50-15-122, and this part.
History: En. Sec. 141, Ch. 480, L. 1997.
2023 Montana Code Annotated › Title 42. Adoption › Chapter 6. Records › Part 1. Confidential Intermediaries › 42-6-102. Disclosure of records -- nonidentifying and identifying information -- consensual release

42-6-102. Disclosure of records -- nonidentifying and identifying information -- consensual release.
(1) The department or an authorized person or agency may disclose:
(a) nonidentifying information to an adoptee, an adoptive or birth parent, or an extended family member of an adoptee or birth parent;
(b) identifying information to a court-appointed confidential intermediary upon order of the court or as provided in 50-15-121 and 50-15-122;
(c) identifying information limited to the specific information required to assist an adoptee to become enrolled in or a member of an Indian tribe;
(d) identifying information to authorized personnel during a federal child and family services review; and
(e) an original birth certificate as provided for in 42-6-109.
(2) Information may be disclosed to any person who consents in writing to the release of confidential information to other interested persons who have also consented. Identifying information pertaining to an adoption involving an adoptee who is still a child may not be disclosed based upon a consensual exchange of information unless the adoptee's adoptive parent consents in writing.
History: En. Sec. 142, Ch. 480, L. 1997; amd. Sec. 22, Ch. 504, L. 2003; amd. Sec. 9, Ch. 382, L. 2005; amd. Sec. 2, Ch. 162, L. 2015.
2023 Montana Code Annotated › Title 42. Adoption › Chapter 6. Records › Part 1. Confidential Intermediaries › 42-6-103. Petition for appointment of confidential intermediary

42-6-103. Petition for appointment of confidential intermediary.
(1) An adult adoptee, an adoptive or birth parent, or an adult extended family member of the adoptee or birth parent may petition the court for disclosure of identifying information regarding the adoptee, a birth child, a birth parent, or an extended family member.
(2) A petition for disclosure must contain:
(a) as much of the following information as is known by the petitioner:
(i) the name, address, and identification of the petitioner;
(ii) the date of the adoptee's birth;
(iii) the county and state where the adoption occurred;
(iv) the date of the adoption; and
(v) any other information known to the petitioner concerning the birth parents, the adoptive parent, and the adoptee that could assist in locating the person being sought;
(b) written documentation from a certified confidential intermediary agreeing to conduct the search; and
(c) if the petitioner is not the adoptee or birth parent, the reason the petitioner is requesting the appointment of a confidential intermediary.
History: En. Sec. 143, Ch. 480, L. 1997.
2023 Montana Code Annotated › Title 42. Adoption › Chapter 6. Records › Part 1. Confidential Intermediaries › 42-6-104. Appointment of confidential intermediary -- duties -- payment

42-6-104. Appointment of confidential intermediary -- duties -- payment.
(1) After a petition for disclosure has been filed under 42-6-103, the court shall appoint a confidential intermediary who shall:
(a) conduct a confidential search for the person sought as requested in the petition for disclosure;
(b) refrain from disclosing directly or indirectly any identifying information to the petitioner, unless ordered to do so by the court; and
(c) make a written report of the results of the search to the court not later than 6 months after appointment.
(2) Upon appointment, a confidential intermediary is entitled to be paid a reasonable fee plus actual expenses incurred in conducting the search. The fee and expenses must be paid by the petitioner.
(3) A confidential intermediary may inspect otherwise confidential records of the court, the department, or an authorized agency for use in the search. The confidential intermediary may not disclose identifying information from the records or any results of a search unless authorized by the court or unless the parties have executed written consent to the confidential intermediary. Nonidentifying information from any source may be disclosed without further order from the court.
(4) If a confidential intermediary locates the person being sought, a confidential inquiry must be made as to whether the located person consents to having that person's present identity disclosed to the petitioner. The court may request that the confidential intermediary assist in arranging contact between the petitioner and the located person.
(5) If a confidential intermediary locates the person being sought and the located person does not consent to having that person's identity disclosed, identifying information regarding that person may be disclosed only upon order of the court for good cause shown.
(6) If the person being sought is found to be deceased, the court may order disclosure of identifying information regarding the deceased to the petitioner.
History: En. Sec. 144, Ch. 480, L. 1997.
2023 Montana Code Annotated › Title 42. Adoption › Chapter 6. Records › Part 1. Confidential Intermediaries › 42-6-105. Disclosure authorized in course of employment

42-6-105. Disclosure authorized in course of employment.
This title does not preclude an employee or agent of a court, department, or agency from:
(1) inspecting permanent, confidential, or sealed records for the purpose of discharging any obligation under this title;
(2) disclosing the name of the court in which a proceeding for adoption occurred or the name of an agency that placed an adoptee to an individual described in 42-6-103(1) who can verify the individual's identity; or
(3) disclosing nonidentifying information contained in confidential or sealed records in accordance with any other applicable state or federal law.
History: En. Sec. 145, Ch. 480, L. 1997.
2023 Montana Code Annotated › Title 42. Adoption › Chapter 6. Records › Part 1. Confidential Intermediaries › 42-6-109. Release of original birth certificate -- certificate of adoption

42-6-109. Release of original birth certificate -- certificate of adoption.
(1) In addition to any copy of an adoptee's original birth certificate authorized for release by a court order issued pursuant to 50-15-121 or 50-15-122, the department shall furnish a copy of the original birth certificate of an adoptee:
(a) upon the written request of a person who was adopted before October 1, 1985, or 30 years or more ago, whichever date is later;
(b) upon a court order for a person adopted on or after October 1, 1985, and before October 1, 1997; and
(c) for a person adopted on or after October 1, 1997, upon:
(i) the written request of an adoptee who has attained 18 years of age unless the birth parent has requested in writing that the original birth certificate not be automatically released; or
(ii) a court order.
(2) Upon the request of an adoptive parent or an adoptee who has attained 18 years of age, the department shall issue a certificate of adoption that states the date and place of adoption, the date of birth of the adoptee, the name of each adoptive parent, and the name of the adoptee as provided in the decree.
(3) A birth parent may request in writing to the vital statistics bureau that the birth certificate for an adoptee not be released without a court order. The birth parent may change the request at any time by notifying the vital statistics bureau in writing of the change.
(4) The department may release a copy of the adoptee's original birth certificate if release of this document is required to assist an adoptee to become enrolled in or a member of an Indian tribe.
History: En. Sec. 146, Ch. 480, L. 1997; amd. Sec. 23, Ch. 504, L. 2003; amd. Sec. 3, Ch. 162, L. 2015.
2023 Montana Code Annotated › Title 42. 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) Reasonable adoption fees may be paid by the adoptive parent for the actual cost of services. The cost of services must relate to:
(a) a petition for adoption;
(b) placement of a child;
(c) medical care or services, including cost-sharing amounts for medically necessary prenatal and postnatal outpatient mental health services;
(d) prenatal care;
(e) foster care;
(f) a preplacement evaluation;
(g) counseling related to providing information necessary to make an informed decision to voluntarily relinquish a child;
(h) travel or temporary living costs for the birth mother;
(i) legal fees incurred for services on behalf of the placing parent;
(j) the reasonable costs incurred by a placing parent in a direct parental placement adoption to document the disclosures of medical and social history required by 42-3-101; and
(k) other reasonable costs related to adoption that do not include education, vehicles, salary or wages, vacations, or permanent housing for the birth parent.
(2) A birth parent or a provider of a service listed in subsection (1) may receive or accept a payment authorized by subsection (1). The payment may not be made contingent on the placement of a child for adoption or upon relinquishment of and consent to adoption of the child. If the adoption is not completed, a person who is authorized by subsection (1) to make a specific payment is not liable for that payment unless the person has agreed in a signed writing with a birth parent or a provider of a service to make the payment regardless of the outcome of the proceeding for adoption.
History: En. Sec. 147, Ch. 480, L. 1997; amd. Sec. 9, Ch. 175, L. 2021.
2023 Montana Code Annotated › Title 42. Adoption › Chapter 7. Fees and Prohibited Activities Related to Adoption › Part 1. General Fees and Activities › 42-7-102. Limitations on payment of certain fees

42-7-102. Limitations on payment of certain fees.
(1) A prospective adoptive parent may pay counseling expenses for a combined maximum of 10 hours of adoptive decision support services provided pursuant to 42-2-409 and postadoptive counseling provided pursuant to 42-4-211.
(2) A prospective adoptive parent may pay cost-sharing expenses for prenatal or postnatal outpatient mental health services provided to the birth mother. Expenses under this subsection are limited to a total of 15 outpatient mental health counseling sessions during the prenatal period and the 5 years following the birth of the child.
(3) A prospective adoptive parent may pay for legal costs entailed for providing legal counsel for one birth parent unless the birth parents elect joint representation. The right of a relinquishing parent to legal counsel paid by the prospective adoptive parent continues only until the relinquishment becomes irrevocable. An attorney may not represent both a birth parent and a prospective adoptive parent.
History: En. Sec. 148, Ch. 480, L. 1997; amd. Sec. 10, Ch. 175, L. 2021.
2023 Montana Code Annotated › Title 42. Adoption › Chapter 7. Fees and Prohibited Activities Related to Adoption › Part 1. General Fees and Activities › 42-7-105. Prohibited activities -- violations -- penalties

42-7-105. Prohibited activities -- violations -- penalties.
(1) A person, other than the department, an attorney or health care provider acting under 52-8-103(2), or a licensed child-placing agency, may not:
(a) advertise in any public medium that the person:
(i) knows of a child who is available for adoption; or
(ii) is willing to accept a child for adoption or knows of prospective adoptive parents for a child; or
(b) engage in placement activities as defined in 52-8-101.
(2) An individual other than an extended family member or stepparent of a child may not obtain legal or physical custody of a child for purposes of adoption unless the individual has a favorable preplacement evaluation or a court-ordered waiver of the evaluation.
(3) A person who, as a condition for placement, relinquishment, or consent to the adoption of a child, knowingly offers, gives, agrees to give, solicits, accepts, or agrees to accept from another person, either directly or indirectly, anything other than the fees allowed under 42-7-101 commits the offense of paying or charging excessive adoption process fees.
(4) It is illegal to require repayment or reimbursement of anything provided to a birth parent under 42-7-101. All payments by the adoptive parent made on behalf of a birth parent pursuant to this section are considered a gift to the birth parent.
(5) Nothing in this section prohibits a licensed child-placing agency from maintaining a separate program for the assistance of a biological parent who is in need of postadoptive counseling and support as provided in 42-4-211. Services must be provided based on need and may not be contingent on a placement being made privately, by the department, or by a licensed child-placing agency. A postadoptive counseling and support program may not be used to induce a biological parent to place a child for adoption.
(6) A person convicted of the offense of paying or charging excessive adoption process fees, attempting to recover expenses incurred from an adoption process, or otherwise violating this title may be fined an amount not to exceed $10,000 in an action brought by the appropriate city or county attorney. The court may also enjoin from further violations any person who violates this title.
History: En. Sec. 149, Ch. 480, L. 1997; amd. Sec. 3, Ch. 151, L. 2009; amd. Sec. 1, Ch. 528, L. 2021.