Montana Code 42-5-103. Notice of hearing
42-5-103. Notice of hearing. (1) Upon the filing of a petition for adoption, notice of hearing must be served on:
Terms Used In Montana Code 42-5-103
- 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
- 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
- Court: means a court of record in a competent jurisdiction and in Montana means a district court or a tribal court. 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.
- 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)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 joined in the petition;
(d)a person who has revoked a consent or relinquishment or is attempting to have a consent or relinquishment set aside;
(e)the child‘s guardian ad litem if the child has one; and
(f)any other person named by the court to receive notice.
(2)The notice must direct the person to appear in court at the time specified and to show cause why the petition should not be granted.
(3)A notice of hearing is not required to be served on any party:
(a)whose parental rights have been terminated in prior proceedings;
(b)who waives notice in a relinquishment, consent, or other document signed by the party;
(c)who has consented in writing to an adoption; or
(d)whose consent to adoption is not required under 42-2-302.