Montana Adoption Laws Page1

Adoption Laws in Montana Page1

Adopting Parties

• Followings may place a child for adoption:
  Statute: - § 42-1-107
  • The parents
  • A legal guardian
  • The department
  • An authorized child-placing agency

• Followings may adopt a child :
  Statute: - § 42-1-106
  • A married person separately (legally)
  • A husband and wife together
  • An unmarried person of age more than 18 years
  • A stepparent

Putative Fathers

Montana State requires a Putative Father Registry.

• What are the registry requirements to receive notice?
  Statute: - §- § 42-2-206; 42-2-205(3)
  • A putative father can file registry without having knowledge about a pregnancy occurrence.
  • A putative father may file before the birth of the child or within 72 hours after the birth of the child.

• Registry Information :
  Statute: - §- § 42-2-205(1); 42-2-215
  • Putative father's name, address, birth date, social security number and tribal affiliation, if applicable
  • Birth mother's name address, date of birth and social security number
  • Registration date
  • Name, birth place of the child
  • A person's name and affiliation who is requesting the registry information

• Paternity Revocation (of claim):
  Statute: - § 42-2-223
  • A putative father needs to submit a signed and notarized statement to revoke registration.

• Registry Information Access :
  Statute: - § 42-2-217(1)
  • A legal and child-placing agency
  • Any representative of the department
  • The adoptive parents and their attorney