Adoption Prohibited If Child Not Legally Free

Mont. Code Ann. § 42-1-107, under Adoption Policy and Procedures.

Mont. Code Ann. § 42-1-107

(1) An adoption decree may not be entered if the child who is the subject of an adoption proceeding is not legally free for adoption. (2) A child may be placed for adoption only by: (a) the department or another agency to which the child has been relinquished for purposes of adoption; (b) the department or another agency expressly authorized to place the child for adoption by a court order terminating the relationship between the child and the child's parent or guardian; (c) the child's parents; or (d) a guardian expressly authorized by the court to place the child for adoption.