Montana Adoption Laws

Adoption Laws in Montana

Adoption Records Access

• Non-Identifying Information: Adopted parents, birth parents, birth siblings etc., all can obtain the non identifying information.

• Identifying Information : Identifying information can be obtained through the confidential intermediary system.

• Confidential Intermediary Use :
  The persons, who may use the confidential intermediary system by requesting the court, are listed below:
  • Adopted adults
  • Birth parents
  • Birth siblings
  • Adoptive parents.

• Birth Certificate (Original): Adopted people who were adopted on or before 1st July, 1967, can obtain the copy of birth certificate by written request to the court.
  Adopted people, who were adopted between 1st July, 1967 and 30th September, 1997, can receive the copy of birth certificate upon court order.
  Adoption which took place on or after 1st October, 1997, the birth parents must file an access veto to obtain the certificate.

  Consents

  • Consent to an adoption shall be done by:
    Statute: - § 42-2-301
    • The presumed father
    • Any legal agency that has child custody
    • The legal guardian

  • Age Requirement for consideration of Adoptee Consent :
    Statute: - § 42-2-301
    • A child of age 12 years or older must consent to the adoption in court.

  • When Consent is not required :
    Statute: - § 42-2-302
    • A person is unfit, so his /her parental rights have been terminated or have waived rights.
    • Incompetent person
    • A person is the representative of a deceased parent's estate

  • Parental Consent can be executed :
    Statute: - § 42-2-408
    • A parent can consent to the adoption after the birth of the child within 72 hours.
    • A legal guardian can consent at any time.

  Statutes

  • Citation:
    Montana Code Annotated 1999,
    Sections 42-1-101 to 42-8-108; 42-10-101 to 42-10-128
  • Contact Information:
    Legislative Services Division
    (406) 444-3064
  • Fee Requirements: Yes
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