42-2-617. Effect of order terminating parental rights. (1) An order granting the petition for termination of parental rights:

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Terms Used In Montana Code 42-2-617

  • 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
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • 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
  • Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
  • 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
  • Writing: includes printing. See Montana Code 1-1-203

(a)terminates the parent and child relationship except for an obligation for arrearages of child support;

(b)terminates the jurisdiction of the court over the child in any dissolution or separate maintenance action;

(c)extinguishes any right the parent had to withhold consent to a proposed adoption of the child or to further notice of a proceeding for adoption; and

(d)awards custody of the child to the department, agency, or prospective adoptive parent to whom the relinquishment was given if the department, agency, or prospective adoptive parent has agreed in writing to accept custody of the child until the adoption is finalized.

(2)A person accepting custody is responsible for the support of the child.