Montana Code 42-2-412. Content of relinquishment and consent to adopt
42-2-412. Content of relinquishment and consent to adopt. (1) A relinquishment and consent to adopt must be in writing and must contain:
Terms Used In Montana Code 42-2-412
- 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
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- 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
- Preplacement evaluation: means the home study process conducted by the department or a licensed child-placing agency that:
(a)assists a prospective adoptive parent or family to assess its own readiness to adopt; and
(b)assesses whether the prospective adoptive parent or family and home meet applicable standards. See Montana Code 42-1-103
- 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
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
- Writing: includes printing. See Montana Code 1-1-203
(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 consent to adopt;
(c)the date of birth and the name of the child to be adopted; and
(d)the name, address, and telephone numbers of the department or agency to which the child is being relinquished or the name, address, and telephone numbers of the prospective adoptive parent with whom the individual executing the relinquishment and consent has placed or intends to place the child for adoption.
(2)A relinquishment and consent to adopt executed by a parent or guardian must state that the parent or guardian executing the document is voluntarily and unequivocally consenting to the:
(a)permanent transfer of legal and physical custody of the child to the department or agency for the purposes of adoption; or
(b)transfer of permanent legal and physical custody to, and the adoption of the child by, a specific identified adoptive parent whom the parent or guardian has selected.
(3)A relinquishment and consent to adopt must state:
(a)that after the document is signed or confirmed in substantial compliance with this section, it is final and, except under a circumstance stated in 42-2-411, may not be revoked or set aside for any reason, including the failure of an adoptive parent to permit the individual executing the relinquishment and consent to adopt to visit or communicate with the child;
(b)that the relinquishment will result in the extinguishment of all parental rights and obligations that the individual executing the relinquishment and consent to adopt has with respect to the child, except for arrearages of child support unless the arrearages are waived by the person to whom they are owed, and that the relinquishment will remain valid whether or not any agreement for visitation or communication with the child is later performed;
(c)that the individual executing the relinquishment and consent to adopt has:
(i)received a copy of the relinquishment and consent to adopt;
(ii)received a copy of a written agreement by the department, agency, or prospective adoptive parent to accept temporary custody and to provide support and care to the child until an adoption petition is granted or denied;
(iii)if required, received adoptive decision support services pursuant to 42-2-409 explaining the meaning and consequences of an adoption and informing the individual of the option for obtaining medically necessary prenatal and postnatal outpatient services;
(d)in direct parental placement adoptions, that the individual has:
(i)if a minor parent, been advised by a lawyer who is not representing the adoptive parent;
(ii)if an adult, been advised of the right to have a lawyer who is not representing the adoptive parent;
(iii)been advised that the attorney fees are allowable expenses that can be paid by the prospective adoptive parents; and
(iv)been provided with a copy of the prospective adoptive parent’s preplacement evaluation;
(e)in agency and direct parental placement adoptions, that the individual has:
(i)been advised of the obligation to provide the medical and social history information required under 42-3-101 pertaining to disclosures; and
(ii)not received or been promised any money or anything of value for execution of the relinquishment and consent to adopt, except for payments authorized by 42-7-101 and 42-7-102.
(4)A relinquishment and consent to adopt may provide that the individual who is relinquishing waives notice of any proceeding for adoption.