42-5-102. Time for action on petition for adoption — waiver. Not less than 6 months from the date the child has been placed with the prospective adoptive parent, the prospective adoptive parent may apply to the court for a decree of adoption. If the best interests of the adoptee are served, then pursuant to 42-4-205 and 42-4-309, the court may waive the 6-month postplacement evaluation period and summarily consider an adoption petition.

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Terms Used In Montana Code 42-5-102

  • Adoptee: means an adopted person or a person who is the subject of adoption proceedings that are intended to result in the adoptee becoming the legal child of another person. See Montana Code 42-1-103
  • 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
  • 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
  • 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