Montana Code 42-6-109. Release of original birth certificate — certificate of adoption
42-6-109. Release of original birth certificate — certificate of adoption. (1) In addition to any copy of an adoptee‘s original birth certificate authorized for release by a court order issued pursuant to 50-15-121 or 50-15-122, the department shall furnish a copy of the original birth certificate of an adoptee:
Terms Used In Montana Code 42-6-109
- 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
- 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
- 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
- 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
- Writing: includes printing. See Montana Code 1-1-203
(a)upon the written request of a person who was adopted before October 1, 1985, or 30 years or more ago, whichever date is later;
(b)upon a court order for a person adopted on or after October 1, 1985, and before October 1, 1997; and
(c)for a person adopted on or after October 1, 1997, upon:
(i)the written request of an adoptee who has attained 18 years of age unless the birth parent has requested in writing that the original birth certificate not be automatically released; or
(ii)a court order.
(2)Upon the request of an adoptive parent or an adoptee who has attained 18 years of age, the department shall issue a certificate of adoption that states the date and place of adoption, the date of birth of the adoptee, the name of each adoptive parent, and the name of the adoptee as provided in the decree.
(3)A birth parent may request in writing to the vital statistics bureau that the birth certificate for an adoptee not be released without a court order. The birth parent may change the request at any time by notifying the vital statistics bureau in writing of the change.
(4)The department may release a copy of the adoptee’s original birth certificate if release of this document is required to assist an adoptee to become enrolled in or a member of an Indian tribe.