42-2-410. Revocation of relinquishment and consent. (1) The parent who executed the relinquishment and consent to adopt and the department, agency, or prospective adoptive parent named or described in the relinquishment and consent to adopt may mutually agree to its revocation prior to the issuance of an order terminating parental rights.

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Terms Used In Montana Code 42-2-410

  • 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
  • Department: means the department of public health and human services, provided for in 2-15-2201. 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
  • Relinquishment: means the informed and voluntary release in writing of all parental rights with respect to a child by a parent to an agency or individual. See Montana Code 42-1-103

(2)A relinquishment may not be revoked if an order has been issued terminating parental rights.