Montana Code 42-2-204. Presumed knowledge of pregnancy — duty to register to be afforded notice — putative and presumed fathers
42-2-204. Presumed knowledge of pregnancy — duty to register to be afforded notice — putative and presumed fathers. (1) A person who engages in sexual relations with a member of the opposite sex, as defined in 1-1-201, is presumed to know that a pregnancy could result.
Terms Used In Montana Code 42-2-204
- 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
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Putative father: means an individual who may be a child's birth father but who:
(i)is not married to the child's mother on or before the date that the child is born; or
(ii)has not established paternity of the child prior to the filing of a petition for termination of parental rights to the child for purposes of adoption. See Montana Code 42-2-201
- Registry: means the putative father registry established under 42-2-202. See Montana Code 42-2-201
- Sex: means the organization of the body parts and gametes for reproduction in human beings and other organisms. See Montana Code 1-1-201
(2)In addition to any other notice to which the putative father is entitled, a putative father is entitled to notice of termination of parental rights proceedings for the purposes of adoption if the putative father has complied with the requirements of the putative father registry.
(3)An individual who is not married to the mother but who is presumed to be a father under 40-6-105 and registers in accordance with this part is entitled to receive notice of a termination of parental rights proceeding.