Montana Code 41-3-613. Relinquishment of parental rights — open adoption
41-3-613. Relinquishment of parental rights — open adoption. (1) (a) At any time after a child has been removed from the custody of a parent, the parent may relinquish parental rights. Prior to a parent’s relinquishment of parental rights, the parent may enter into an agreement with the preadoptive parent or parents to allow for an open adoption in which the parent may maintain contact with the child.
Terms Used In Montana Code 41-3-613
- Parent: means a biological or adoptive parent or stepparent. See Montana Code 41-3-102
- Parent-child legal relationship: means the legal relationship that exists between a child and the child's birth or adoptive parents, as provided in Title 40, chapter 6, part 2, unless the relationship has been terminated by competent judicial decree as provided in 40-6-234, Title 42, or part 6 of this chapter. See Montana Code 41-3-102
(b)Following the relinquishment of parental rights pursuant to subsection (1)(a), the parent-child legal relationship is terminated.
(2)The agreement may be suspended or terminated if:
(a)in the case of a child who has been subsequently adopted, the adoptive parent or parents determine that continued contact with the parent is no longer in the child’s best interest; or
(b)the child is 12 years of age or older and the child no longer consents to have continued contact with the parent.