Montana Code 42-2-218. Duties of department upon receipt of request
42-2-218. Duties of department upon receipt of request. (1) Whenever the department receives a request, the department shall:
Terms Used In Montana Code 42-2-218
- 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
- Agency: means a child placement agency licensed by the state of Montana pursuant to Title 52, chapter 8, that is expressly empowered to place children preliminary to a possible adoption. See Montana Code 42-1-103
- 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
- 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
- Records: means all documents, exhibits, and data pertaining to an adoption. See Montana Code 42-1-103
(a)search its records of putative father registrations and search its records for any acknowledgment of paternity filed pursuant to 40-6-105; and
(b)notify the requestor as to whether a paternity action has been filed and a paternity order issued to the department requiring the issuance of a new birth certificate concerning a child who is or may be the subject of an adoption that the attorney or agency is arranging.
(2)The department may charge a reasonable fee for responding to a request under this section.