Terms Used In Montana Code > Title 42 > Chapter 7 - Fees and Prohibited Activities Related to Adoption

• 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
• 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
• 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
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Knowingly: means only a knowledge that the facts exist which bring the act or omission within the provisions of this code. See Montana Code 1-1-204
• 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
• Placing parent: means a parent who is voluntarily making a child available for adoption. See Montana Code 42-1-103
• 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

• Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
• 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
• Writing: includes printing. See Montana Code 1-1-203