Title 42, Title 42

After the child has been placed by the department or agency with the prospective adoptive parent, the parent shall file a petition for adoption.

(1) The department or agency shall complete a written postplacement evaluation. The postplacement evaluation must be conducted according to the department's or agency's standards for placement of a child and at a minimum must include a personal interview with the prospective adop…

(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 depar…

(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 …

(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 relinquish…

(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 th…

(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.

(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 cust…

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.

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 he…

(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 par…

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.

A person who has attained the age of legal majority may be adopted without the consent of the person's parents.

(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 individu…

(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) …

(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 th…

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, postp…

(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 th…

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…

(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 joine…

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…

(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.

(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 wai…

(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 s…

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 adop…

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…

(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.

(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 for…

(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…

A decree of adoption does not affect any right or benefit vested in the adoptee before the decree became final.

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.

(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 par…

(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 …

(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 upo…

(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…

(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 indirectl…

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 adopt…

(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 …

(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 prenat…

(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 e…

(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…

The department may review and investigate compliance with this title and may maintain an action in court to compel compliance.

As used in this part, the following definitions apply: (1) "Adoption or foster care" or "adoption or foster care service" means social services provided to or on behalf of children, including: (a) promoting foster parenting; (b) providing foster homes, residential care, group hom…

(1) The state government may not take a discriminatory action against a person that advertises, provides, or facilitates adoption or foster care services wholly or partially on the basis that the person: (a) has provided or declines to provide an adoption or foster care service o…

(1) A person may assert a violation of 42-7-202 as a claim against the state government in a judicial or administrative proceeding or as a defense in a judicial or administrative proceeding without regard to whether the proceeding is brought by or in the name of the state governm…

(1) This part must be construed in favor of a broad protection of free exercise of religious beliefs to the maximum extent permitted by the state and federal constitutions. (2) The protection of free exercise of religious beliefs afforded by this part is in addition to the protec…