Montana Code 42-6-103. Petition for appointment of confidential intermediary
42-6-103. Petition for appointment of confidential intermediary. (1) An adult adoptee, an adoptive or birth parent, or an adult extended family member of the adoptee or birth parent may petition the court for disclosure of identifying information regarding the adoptee, a birth child, a birth parent, or an extended family member.
Terms Used In Montana Code 42-6-103
- Adoptee: means an adopted person or a person who is the subject of adoption proceedings that are intended to result in the adoptee becoming the legal child of another person. See Montana Code 42-1-103
- 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
- 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
- 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
- Confidential intermediary: means a person certified by the department and under contract with or employed by a nonprofit entity with expertise in adoption. 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
- Extended family member: means a person who is or was the adoptee's parent, grandparent, aunt or uncle, brother or sister, or child. See Montana Code 42-1-103
- Identifying information: means information that directly reveals or indirectly indicates the identity of a person and includes the person's name or address. 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
- 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
(2)A petition for disclosure must contain:
(a)as much of the following information as is known by the petitioner:
(i)the name, address, and identification of the petitioner;
(ii)the date of the adoptee’s birth;
(iii)the county and state where the adoption occurred;
(iv)the date of the adoption; and
(v)any other information known to the petitioner concerning the birth parents, the adoptive parent, and the adoptee that could assist in locating the person being sought;
(b)written documentation from a certified confidential intermediary agreeing to conduct the search; and
(c)if the petitioner is not the adoptee or birth parent, the reason the petitioner is requesting the appointment of a confidential intermediary.