Montana Code 42-2-302. Persons whose consent not required
42-2-302. Persons whose consent not required. Consent to adoption of a child is not required from:
Terms Used In Montana Code 42-2-302
- 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
- Child: means any person under 18 years of age. See Montana Code 42-1-103
- Parent: means the birth or adoptive mother or the birth, adoptive, or legal father whose parental rights have not been terminated. See Montana Code 42-1-103
(1)an individual whose parental relationship to the child has been judicially terminated for unfitness or has been determined not to exist or who has waived parental rights;
(2)a parent who has been judicially declared incompetent;
(3)an individual who has not been married to the mother of the child and who, after the conception of the child, executes a notarized statement denying paternity or a notarized statement acknowledging paternity and denying any interest in the child; or
(4)the personal representative of a deceased parent’s estate.