2023 Montana Code Annotated › Title 42. Adoption › Chapter 2. Adoption of Child › Part 4. Voluntary Relinquishment and Consent to Adopt › 42-2-412. Content of relinquishment and consent to adopt

42-2-412. Content of relinquishment and consent to adopt.
(1) A relinquishment and consent to adopt must be in writing and must contain:
(a) the date, place, and time of the execution of relinquishment and consent to adopt;
(b) the name, date of birth, and current mailing address of the individual executing the relinquishment and consent to adopt;
(c) the date of birth and the name of the child to be adopted; and
(d) the name, address, and telephone numbers of the department or agency to which the child is being relinquished or the name, address, and telephone numbers of the prospective adoptive parent with whom the individual executing the relinquishment and consent has placed or intends to place the child for adoption.
(2) A relinquishment and consent to adopt executed by a parent or guardian must state that the parent or guardian executing the document is voluntarily and unequivocally consenting to the:
(a) permanent transfer of legal and physical custody of the child to the department or agency for the purposes of adoption; or
(b) transfer of permanent legal and physical custody to, and the adoption of the child by, a specific identified adoptive parent whom the parent or guardian has selected.
(3) A relinquishment and consent to adopt must state:
(a) that after the document is signed or confirmed in substantial compliance with this section, it is final and, except under a circumstance stated in 42-2-411, may not be revoked or set aside for any reason, including the failure of an adoptive parent to permit the individual executing the relinquishment and consent to adopt to visit or communicate with the child;
(b) that the relinquishment will result in the extinguishment of all parental rights and obligations that the individual executing the relinquishment and consent to adopt has with respect to the child, except for arrearages of child support unless the arrearages are waived by the person to whom they are owed, and that the relinquishment will remain valid whether or not any agreement for visitation or communication with the child is later performed;
(c) that the individual executing the relinquishment and consent to adopt has:
(i) received a copy of the relinquishment and consent to adopt;
(ii) received a copy of a written agreement by the department, agency, or prospective adoptive parent to accept temporary custody and to provide support and care to the child until an adoption petition is granted or denied;
(iii) if required, received adoptive decision support services pursuant to 42-2-409 explaining the meaning and consequences of an adoption and informing the individual of the option for obtaining medically necessary prenatal and postnatal outpatient services;
(d) in direct parental placement adoptions, that the individual has:
(i) if a minor parent, been advised by a lawyer who is not representing the adoptive parent;
(ii) if an adult, been advised of the right to have a lawyer who is not representing the adoptive parent;
(iii) been advised that the attorney fees are allowable expenses that can be paid by the prospective adoptive parents; and
(iv) been provided with a copy of the prospective adoptive parent's preplacement evaluation;
(e) in agency and direct parental placement adoptions, that the individual has:
(i) been advised of the obligation to provide the medical and social history information required under 42-3-101 pertaining to disclosures; and
(ii) not received or been promised any money or anything of value for execution of the relinquishment and consent to adopt, except for payments authorized by 42-7-101 and 42-7-102.
(4) A relinquishment and consent to adopt may provide that the individual who is relinquishing waives notice of any proceeding for adoption.
History: En. Sec. 51, Ch. 480, L. 1997; amd. Sec. 4, Ch. 257, L. 1999; amd. Sec. 3, Ch. 175, L. 2021.