42-4-101. Parties to direct parental placement adoption. A parent of a child may directly place the child for adoption with a specifically identified prospective adoptive parent who:

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

Terms Used In Montana Code 42-4-101

  • 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
  • Child: means any person under 18 years of age. 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
  • Preplacement evaluation: means the home study process conducted by the department or a licensed child-placing agency that:

    (a)assists a prospective adoptive parent or family to assess its own readiness to adopt; and

    (b)assesses whether the prospective adoptive parent or family and home meet applicable standards. See Montana Code 42-1-103

  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201

(1)resides in Montana or in another state that allows direct parental placement;

(2)is known to and has been personally selected by the parent; and

(3)has previously obtained a favorable preplacement evaluation.