Montana Code 42-2-402. Voluntary relinquishment — validity
42-2-402. Voluntary relinquishment — validity. (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:
Terms Used In Montana Code 42-2-402
- Adoption: means the act of creating the legal relationship between parent and child when it does not exist genetically. See Montana Code 42-1-103
- Adoptive parent: means an adult who has become the mother or father of a child through the legal process of adoption. See Montana Code 42-1-103
- Agency: means a child placement agency licensed by the state of Montana pursuant to Title 52, chapter 8, that is expressly empowered to place children preliminary to a possible adoption. See Montana Code 42-1-103
- Child: means any person under 18 years of age. See Montana Code 42-1-103
- Department: means the department of public health and human services, provided for in 2-15-2201. See Montana Code 42-1-103
- Parent: means the birth or adoptive mother or the birth, adoptive, or legal father whose parental rights have not been terminated. See Montana Code 42-1-103
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Relinquishment: means the informed and voluntary release in writing of all parental rights with respect to a child by a parent to an agency or individual. See Montana Code 42-1-103
- Writing: includes printing. See Montana Code 1-1-203
(a)the department or agency to whom the child is being relinquished has agreed in writing to accept custody of the child until the child is adopted; or
(b)the identified prospective adoptive parent has agreed in writing to accept temporary custody and to provide support and care to the child until that person‘s adoption petition is granted or denied.
(2)A voluntary relinquishment of a parent’s rights solely to the child’s other parent does not relieve the parent executing the relinquishment of any duty owed to the child or for the child’s support.