Montana Code 42-6-102. Disclosure of records — nonidentifying and identifying information — consensual release
42-6-102. Disclosure of records — nonidentifying and identifying information — consensual release. (1) The department or an authorized person or agency may disclose:
Terms Used In Montana Code 42-6-102
- 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
- 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
- Child: means any person under 18 years of age. See Montana Code 42-1-103
- Confidential intermediary: means a person certified by the department and under contract with or employed by a nonprofit entity with expertise in adoption. 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
- 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
- Identifying information: means information that directly reveals or indirectly indicates the identity of a person and includes the person's name or address. 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
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Records: means all documents, exhibits, and data pertaining to an adoption. See Montana Code 42-1-103
- Writing: includes printing. See Montana Code 1-1-203
(a)nonidentifying information to an adoptee, an adoptive or birth parent, or an extended family member of an adoptee or birth parent;
(b)identifying information to a court-appointed confidential intermediary upon order of the court or as provided in 50-15-121 and 50-15-122;
(c)identifying information limited to the specific information required to assist an adoptee to become enrolled in or a member of an Indian tribe;
(d)identifying information to authorized personnel during a federal child and family services review; and
(e)an original birth certificate as provided for in 42-6-109.
(2)Information may be disclosed to any person who consents in writing to the release of confidential information to other interested persons who have also consented. Identifying information pertaining to an adoption involving an adoptee who is still a child may not be disclosed based upon a consensual exchange of information unless the adoptee’s adoptive parent consents in writing.