Montana Code 42-2-301. Consent required
42-2-301. Consent required. An adoption of a child may be decreed when written consents to adoption have been executed by:
Terms Used In Montana Code 42-2-301
- 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: means any person under 18 years of age. See Montana Code 42-1-103
- Court: means a court of record in a competent jurisdiction and in Montana means a district court or a tribal court. See Montana Code 42-1-103
- Department: means the department of public health and human services, provided for in 2-15-2201. See Montana Code 42-1-103
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Writing: includes printing. See Montana Code 1-1-203
(1)the birth mother;
(2)the husband of the birth mother if the husband is the presumed father of the child under 40-6-105;
(3)any other person whose parental rights have been established by a court;
(4)the department or an agency that has custody of the child and the authority to place the child for adoption;
(5)the legal guardian of the child if both parents are dead or their rights have been judicially terminated and the guardian has authority by order of the court appointing the guardian to consent to the adoption;
(6)the child, either in writing or in court, if the child is 12 years of age or older unless the child does not have the mental capacity to consent.