Montana Code 42-4-301. Relinquishment to stepparent
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42-4-301. Relinquishment to stepparent. (1) A parent may relinquish parental rights for the purposes of adoption of a child by the child’s stepparent or a member of the child’s extended family. The relinquishment must be executed in accordance with 42-2-401 through 42-2-405 and 42-2-408 through 42-2-413. The relinquishment may be executed at any time after the child is 72 hours old.
Terms Used In Montana Code 42-4-301
- 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
- Extended family member: means a person who is or was the adoptee's parent, grandparent, aunt or uncle, brother or sister, or child. 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
- Writing: includes printing. See Montana Code 1-1-203
(2)The stepparent or extended family member shall accept the relinquishment in writing.