42-4-201. Factors to be considered — best interests of child. (1) All relevant factors must be considered in determining the best interests of the child in an adoption proceeding. Factors relevant to the determination of a prospective adoptive parent‘s parenting ability, the future security for a child, and familial stability must be considered. In determining the best interests of the child, the following factors with regard to a prospective adoptive parent may be considered:

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Terms Used In Montana Code 42-4-201

  • 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
  • Birth parent: means the woman who gave birth to the child or the father of genetic origin of the child. 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

(a)age, as it relates to health, earning capacity, provisions for the support of a child, or other relevant circumstances;

(b)marital status, as it relates to the ability to serve as a parent in particularized circumstances; and

(c)religion, as it relates to the ability to provide the child with an opportunity for religious or spiritual and ethical development and as it relates to the express preference of a birth parent or a child to be placed with an adoptive parent of a particular religious faith or denomination.

(2)For purposes of ensuring that the best interests of the child are met, the department or a licensed child-placing agency is authorized to gather and use, in an appropriate, nonarbitrary manner, information concerning the age, marital status, and religious beliefs of a prospective adoptive parent. The authority granted by this subsection includes the authority to receive and to consider, consistent with the best interests of the child, the preferences of birth parents relating to the age, marital status, or religious beliefs of an adoptive parent.

(3)Consideration of religious factors by a licensed child-placing agency that is affiliated with a particular religious faith is not arbitrary consideration of religion within the meaning of this section.