Montana Code 50-15-304. Substitute birth certificate for person adopted
50-15-304. Substitute birth certificate for person adopted. (1) The procedure for issuing a substitute birth certificate for a person born in Montana and adopted is as follows:
Terms Used In Montana Code 50-15-304
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Sex: means the organization of the body parts and gametes for reproduction in human beings and other organisms. 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
- United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
(a)Before the 16th day of the month following the order of adoption, the clerk of the district court shall forward a certified copy of the final order of adoption to the department or the department may accept a certified copy of a final order of adoption from a court of competent jurisdiction of another state of the United States or a tribal court of competent jurisdiction.
(b)The department shall prepare a substitute certificate containing:
(i)the new name of the adopted person;
(ii)the true date and place of birth and the sex of the adopted person;
(iii)statistical facts concerning the adoptive parents in place of the natural parents;
(iv)the words “department of public health and human services” substituted for the words “attendant’s own signature”; and
(v)dates of recording as shown on the original birth certificate.
(2)The procedure for recording a substitute birth certificate for a person born in Montana and adopted is as follows:
(a)The department shall send copies of the substitute birth certificate to the local registrar and to the county clerk and recorder.
(b)The local registrar and county clerk and recorder shall immediately enter the substitute birth certificate in their files and forward copies of the original birth record to the department.
(c)The department shall seal original birth records and open them only as provided in 50-15-223(2).
(3)On receipt of a certified copy of a court order annulling an adoption, the department shall restore the original birth certificate to its place in its files and notify the local registrar and county clerk and recorder.