MONTANA

 The following parties can adopt:

 (1) any single person at least 18 years of age;

 (2) a married couple filing jointly, or a stepparent filing without the spousejoining;

 (3) a married person at least 18 years old who is legally separated from thespouse; or

 (4) an unmarried parent of an illegitimate child.

Who Can Be Adopted?

 Any child or adult can be adopted.

Consent to Adoption

 The following parties must give written consent to adoption:

 (1) both natural parents;

 (2) the legal guardian;

 (3) the executive head of an agency if the child has been placed in anagency's custody;

 (4) any person having legal custody of the child; and

 (5) the adoptee who is 12 years of age or older.

 Consent is not required of a parent who:

 (1) has been found guilty of child abuse or neglect;

 (2) has willfully abandoned the child;

 (3) has given the child up to a child-placing agency for a period of 1 yearwithout contributing to the support of the child during that year; or

 (4) has had parental rights terminated, including a putative father of a childborn out of wedlock, whose rights may be terminated by the court (thisinformation is in 40-6-125).

 Consent may not be withdrawn, unless the final decree of the adoption has notbeen made and the court decides it would be in the best interest of the child.After the final decree of adoption no consent may be withdrawn.

Putative Father's Rights

 A man is presumed to be the natural father of a child if:

 a) he is or has been married to the natural mother during the birth of thechild or the child is born 300 days after the marriage is terminated;

 b) before the child's birth, he and the child's natural mother have attemptedto marry each other in compliance with law, although the attempted marriage isdeclared invalid;

 c) after the child's birth, he and the child's natural mother have attemptedto marry each other in compliance with law, although the attempted marriage isdeclared invalid, and:

 i) he has acknowledged his paternity of the child in a writing filed with theDepartment of Health and Environmental Sciences or with the district court forthe county where he resides; or

 ii) with his consent, he is named as the child's father on the child's birthcertificate; or

 iii) he is obligated to support the child;

 d) while the child is a minor, he receives the child into his home and holdsthe child out as his own;

 e) he acknowledges his paternity of the child in a writing filed with theDepartment of Health and Environmental Sciences or with the district court ofthe county in which he resides.

 A putative father's rights may be terminated if he fails to file a notice ofintent to claim paternity before the birth of the child when served with noticeof intent to release 30 days before the expected date of delivery.

 The notice of hearing shall inform the putative father that his failure toappear at the hearing constitutes a denial of his interest in custody of thechild, which denial will result in the courts termination of his rights to thechild.

 If identification or whereabouts of the putative father cannot be determined,the court may receive evidence to determine the facts of paternity. Theputative father's rights may be terminated if the information is unknown aftera reasonable effort to identify and locate the putative father and:

 a) the putative father's identity is unknown, and he has not made provisionsfor the child's care and did not provide support for the mother duringpregnancy; or

 b) the putative father's identity is known but his whereabouts are unknown,and he has not provided support for the mother nor has shown interest in thechild or made provisions for the child's care 90 days before the hearing.

Confidentiality

 Adoption hearings must be confidential and held in closed court. All recordsare kept from inspection, except upon a court order. Medical and socialhistories shall be provided to the adoptive parents. Disclosure ofillegitimacy of birth can only be made upon a court order, upon request of thechild-placing agency, or upon request of the adoptee's natural parents. (Thisinformation is in Section 50-15-206.)

 Identifying information may be disclosed to a court-appointed intermediaryupon court order. When an adoptee reaches the age of 18, the adoptee, anadoptive or biological parent may petition the court for disclosure of theidentity of the adoptee upon consent of the biological parent.

Permissible Fees

 In the case of the parent placing the child for adoption without theassistance of a child-placing agency, the birth parent and the adoptive parentsmust submit to the court an itemized statement of all fees charged or to becharged, expenses incurred or to be incurred, and payments received or to bereceived in connection with the adoption.

Place of Adoption Hearing

 The hearing must take place in the court in the county where the adoptiveparents live.

Authority To Place Child

 The Department, a licensed child placement agency, or the child's parents areauthorized to place the child for adoption. There is criminal liability forarranging an adoption through other than a licensed child placement agency.

Relative Adoption

 The preadoption investigation and report that is required in all adoptions maybe waived in the case of relative and stepparent adoptions.

State Law: FullText

Not available in electronic form at this time for this state, sorry.

Attorney Referral Service

State Bar of Montana
P.O. Box 577
Helena, MT 59624
(406) 442-7660

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