Montana Code 42-2-607. Grounds for termination of parental rights
42-2-607. Grounds for termination of parental rights. The court may terminate a parent‘s rights to a child who is the subject of an adoption proceeding based upon:
Terms Used In Montana Code 42-2-607
- 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
- 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
- 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)the voluntary acts of the parent in:
(a)executing a voluntary relinquishment and consent to adopt;
(b)submitting a notarized denial of paternity executed pursuant to 42-2-421; or
(c)submitting a notarized acknowledgment of paternity and denial of interest in custody of the child executed pursuant to 42-2-422;
(2)a determination under 42-2-608 that the parent is unfit;
(3)a determination under 42-2-609 that the relationship of parent and child does not exist;
(4)a determination under 42-2-610 that a putative father has failed to establish and maintain a substantial relationship with the child; or
(5)a determination that the parent has irrevocably waived parental rights by failing to timely act to protect the rights.