Montana Code 42-2-413. Consequences of relinquishment and consent to adopt
42-2-413. Consequences of relinquishment and consent to adopt. Except under a circumstance stated in 42-2-411 a relinquishment and consent to the adoption of a child that is executed by a parent or guardian in substantial compliance with 42-2-412 is final and irrevocable. The relinquishment and consent to adopt:
Terms Used In Montana Code 42-2-413
- 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
- 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.
- 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
(1)unless a court orders otherwise to protect the welfare of the child, entitles the department, agency, or prospective adoptive parent named or described to the legal and physical custody of the child and imposes on that department, agency, or prospective adoptive parent responsibility for the support and medical and other care of the child;
(2)terminates, as provided in 42-2-403, any duty of the parent who executed the document with respect to the child except for arrearages of child support; and
(3)terminates any right of the parent or guardian who executed the document to:
(a)object to the placement of the child for adoption by the department or agency; and
(b)object to the child’s adoption by the prospective adoptive parent.