Terms Used In Montana Code > Title 42 > Chapter 2 > Part 4 - Voluntary Relinquishment and Consent to Adopt

• 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
• 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
• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Fraud: Intentional deception resulting in injury to another.
• 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.
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• 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
• Preplacement evaluation: means the home study process conducted by the department or a licensed child-placing agency that:

  (a)assists a prospective adoptive parent or family to assess its own readiness to adopt; and

  (b)assesses whether the prospective adoptive parent or family and home meet applicable standards. See Montana Code 42-1-103

• Public defender: Represent defendants who can't afford an attorney in criminal matters.
• 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
• State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Writing: includes printing. See Montana Code 1-1-203