42-3-101. Duty to disclose information — form — availability — filing. (1) Except for an adoption proceeding by a stepparent, in any adoption under this title, a birth parent, the department, or an agency shall provide a prospective adoptive parent with social and medical histories of the birth families, including tribal affiliation, if applicable.

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Terms Used In Montana Code 42-3-101

  • 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
  • Birth parent: means the woman who gave birth to the child or the father of genetic origin of the child. 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
  • 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

(2)In a direct parental placement adoption, the birth family social and medical histories must be completed on a form provided by the department and filed with the court when the adoption petition is filed.

(3)The department shall make a form available to agencies and court administrators for public distribution.