42-2-404. Who may relinquish — to whom. (1) A parent or guardian whose consent to the adoption of a child is required may relinquish to the department or an agency all rights with respect to the child, including legal and physical custody and the right to consent to the child’s adoption.

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Terms Used In Montana Code 42-2-404

  • 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
  • Adoptive parent: means an adult who has become the mother or father of a child through the legal process of adoption. 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
  • Department: means the department of public health and human services, provided for in 2-15-2201. See Montana Code 42-1-103
  • Direct parental placement adoption: means an adoption in which the parent of the child places the child with a prospective adoptive parent personally known and selected by the parent independent of an agency. 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.
  • 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

(2)A parent or guardian whose consent to the adoption of a child is required and who has filed a notice of parental placement under 42-4-103 for a direct parental placement adoption may:

(a)relinquish to the prospective adoptive parent all rights with respect to the child, including legal and physical custody; and

(b)consent to the child’s adoption by the prospective adoptive parents.