Montana Code 42-5-101. Petition for adoption
42-5-101. (Temporary) Petition for adoption. (1) A petition for adoption must be verified and must specify:
Terms Used In Montana Code 42-5-101
- 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
- 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
- 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
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- 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
- Property: means real and personal property. See Montana Code 1-1-205
(a)the full names, ages, and place and duration of residence of the petitioners;
(b)the current marital status of petitioners and, if married, the place and date of the marriage;
(c)the circumstances under which the petitioners obtained physical custody of the child and the name of the individual or agency that placed the child;
(d)the date and place of birth of the child, if known;
(e)the name used for the child in the proceeding and, if a change in name is desired, the full name by which the child is to be known;
(f)that it is the desire of the petitioners that the relationship of parent and child be established between the petitioners and the child and to have all the rights and be subject to all the duties of that relationship;
(g)a full description and statement of value of all property owned or possessed by the child;
(h)the facts, if any, that excuse consent on the part of a person whose consent is required for the adoption;
(i)that any applicable law governing interstate or intercountry placement was complied with;
(j)that, if applicable, the federal Indian Child Welfare Act, 25 U.S.C. § 1901, et seq., and the Montana Indian Child Welfare Act provided for in Title 41, chapter 3, part 13, were complied with;
(k)whether a previous petition has been filed by the petitioners to adopt the child at issue or any other child in any court and the disposition of the petitions; and
(l)the name and address, if known, of any person who is entitled to receive notice of the petition for adoption.
(2)There must be attached to or accompanying the petition:
(a)any written consent required by 42-2-301;
(b)a certified copy of any court order terminating the rights of the child’s parents;
(c)a certified copy of any existing court order in any pending proceeding concerning custody of or visitation with the child;
(d)a copy of any agreement with a public agency to provide a subsidy for the benefit of the child with a special need;
(e)the postplacement evaluation prepared pursuant to 42-4-113 or 42-4-209;
(f)a disclosure of any disbursements made in connection with the adoption proceeding.
(3)One copy of the petition must be retained by the court. A copy must be sent to:
(a)the department or to the agency participating in the adoption proceeding;
(b)the parent placing the child for adoption in a direct parental placement adoption; or
(c)the child’s guardian ad litem if the child has one.
(4)Proceedings initiated under this part are subject to the Montana Rules of Civil Procedure except as modified by this part. (Terminates June 30, 2025–sec. 55, Ch. 716, L. 2023.)