42-2-205. Registration. (1) In addition to any other notice to which the putative father is entitled, a putative father is entitled to notice of any proceedings to terminate parental rights involving a child whom the putative father might have fathered if the putative father timely files the following information with the department:

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Terms Used In Montana Code 42-2-205

  • Child: includes an unborn child. See Montana Code 42-2-201
  • Department: means the department of public health and human services, provided for in 2-15-2201. 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

(a)the putative father’s:

(i)full name;

(ii)address at which the putative father may be served by certified mail, return receipt requested, with notice of a proceeding to terminate parental rights;

(iii)social security number;

(iv)date of birth; and

(v)tribal affiliation if applicable;

(b)the mother’s:

(i)name, including all other names known to the putative father that the mother uses; and

(ii)address, social security number, and date of birth, if known;

(c)the child’s:

(i)name and place of birth, if known; or

(ii)the approximate date and location of a possible conception and the approximate expected date of delivery.

(2)If a putative father does not have an address where the putative father can receive notice of a termination of parental rights proceeding, the putative father may designate another person as an agent for the purpose of receiving notice. The putative father shall provide the department with the agent’s name and the address at which the agent may be served. Service of notice by certified mail, return receipt requested, constitutes service of notice upon the putative father.

(3)A putative father shall register under this section on a registration form prescribed by the department or with a legibly typed or handwritten statement that provides the required information and that is submitted to the department pursuant to 42-2-207. The registration must be signed by the putative father and notarized.

(4)A putative father who registers under this section is responsible for providing written updates regarding any change of the putative father’s name or address.