Title 42, Title 42

(1) The department shall establish fees that it may charge and that are reasonably related to the cost incurred by the department in completing or contracting for adoption services. (2) The department may contract with licensed social workers or licensed child-placing agencies fo…

The department may adopt rules to implement the administration and purposes of this title.

As used in this part, unless the context requires otherwise, the following definitions apply: (1) "Child" includes an unborn child. (2) (a) "Putative father" means an individual who may be a child's birth father but who: (i) is not married to the child's mother on or before the d…

The putative father registry is established within the vital statistics bureau of the department. The department shall adopt rules to administer the registry.

(1) The purpose of the putative father registry is to provide notice of termination of parental rights to a putative father who asserts a parental interest in a child so that the putative father may appear in a proceeding and have an opportunity to establish that the putative fat…

(1) A person who engages in sexual relations with a member of the opposite sex, as defined in 1-1-209, is presumed to know that a pregnancy could result. (2) In addition to any other notice to which the putative father is entitled, a putative father is entitled to notice of termi…

(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 i…

(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 b…

A putative father shall submit a registration form: (1) in person; or (2) by facsimile transmission, mail, private courier, or express delivery service.

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 demonstra…

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 pre…

(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. (…

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 req…

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 know…

(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;…

(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 b…

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 proceedi…

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.

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 …

Except as otherwise provided in this part, information contained within the registry is confidential.

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.

(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…

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 establi…

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 incomp…

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.

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.

(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 r…

(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 wh…

(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 …

(1) A parent who is a minor has the right to relinquish all rights to that minor parent's child and to consent to the child's adoption. The relinquishment is not subject to revocation by reason of minority. (2) In a direct parental placement adoption, a relinquishment and consent…

(1) A parent whose consent to the adoption of a child is required may execute a relinquishment and consent to adoption only after the following criteria have been met: (a) the child has been born; (b) not less than 72 hours have elapsed since the birth of the child; (c) the paren…

(1) In department, agency, and direct parental placement adoptions, the birth mother must receive the adoptive decision support services required under this section. If any other parent is involved in an adoptive placement, adoptive decision support services are encouraged for th…

(1) The parent who executed the relinquishment and consent to adopt and the department, agency, or prospective adoptive parent named or described in the relinquishment and consent to adopt may mutually agree to its revocation prior to the issuance of an order terminating parental…

(1) A relinquishment and consent to adopt may provide that it not take effect only if: (a) the other parent does not execute a relinquishment and consent to adopt within a specified period; or (b) a court decides to not terminate another individual's parental relationship to the …

(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 consen…

Except under a circumstance stated in 42-2-411 a relinquishment and consent to the adoption of a child that is executed by a parent or guardian in substantial compliance with 42-2-412 is final and irrevocable. The relinquishment and consent to adopt: (1) unless a court orders oth…

A health care provider providing primary or prenatal care to a birth mother shall inform the birth mother of the availability of medically necessary outpatient mental health services.

(1) The court shall set aside a relinquishment and consent to adopt if the individual who executed the relinquishment and consent establishes: (a) by clear and convincing evidence, before a decree of adoption is issued, that the consent was obtained by fraud or duress; or (b) by …

(1) If a relinquishment and consent to adopt that was executed by an individual is revoked or set aside, the department, agency, or prospective adoptive parent shall immediately return the child to the individual's custody and move to dismiss a proceeding for adoption or terminat…

(1) Execution of a notarized denial of paternity of a child is a voluntary act that constitutes a waiver of all parental rights to the child, except for the duty to pay support if paternity is established or presumed. (2) A notarized denial of paternity is irrevocable when execut…

(1) Submission of a notarized acknowledgment of paternity and a denial of any interest in the custody of the child is a voluntary act that constitutes a waiver of all parental rights to the child but does not absolve the person of the duty to pay support. (2) An individual who ha…

(1) In order to provide notice to a putative father at the earliest possible time of an expectant mother's intent to release an expected child for adoption and in order to facilitate early placement of a child for adoption, an expectant mother may initiate proceedings to terminat…

(1) A pregnant individual may file a petition with the court indicating the intention to place an expected child for adoption. (2) The petition must include the following information: (a) the individual's intent to release the expected child for adoption; (b) the approximate date…

(1) Upon the filing of the petition under 42-2-502, the court shall issue a notice of intent to release a child for adoption. (2) The notice must be served by the petitioner, in the manner provided by the Montana Rules of Civil Procedure, upon each putative or presumed father at …

Proceedings to terminate parental rights may be filed in the court in the county in which a petitioner resides, the child resides, or an office of the agency that is placing the child is located.

A child is not legally free for adoption until the parental rights of the birth parent or parents have been terminated by a court: (1) as provided in this title; (2) pursuant to Title 41, chapter 3; or (3) of competent jurisdiction in another state or country.