Montana § 42-1-107 Adoption Prohibited If Child Not Legally Free

Montana Statutes

§ 42-1-107 — Adoption Prohibited If Child Not Legally Free

Montana § 42-1-107

Title 42ADOPTION

Ch. 1GENERAL ADOPTION PROVISIONS

Part 1Adoption Policy and Procedures

This text of Montana § 42-1-107 (Adoption Prohibited If Child Not Legally Free) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 42-1-107 (2026).

Text

42-1-107 . Adoption prohibited if child not legally free.

(1)An adoption decree may not be entered if the child who is the subject of an adoption proceeding is not legally free for adoption.

(2)A child may be placed for adoption only by:

(a)the department or another agency to which the child has been relinquished for purposes of adoption;

(b)the department or another agency expressly authorized to place the child for adoption by a court order terminating the relationship between the child and the child's parent or guardian;

(c)the child's parents; or

(d)a guardian expressly authorized by the court to place the child for adoption.

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42-1-107 . Adoption prohibited if child not legally free. (1) An adoption decree may not be entered if the child who is the subject of an adoption proceeding is not legally free for adoption.
(2) A child may be placed for adoption only by:
(a) the department or another agency to which the child has been relinquished for purposes of adoption;
(b) the department or another agency expressly authorized to place the child for adoption by a court order terminating the relationship between the child and the child's parent or guardian;
(c) the child's parents; or
(d) a guardian expressly authorized by the court to place the child for adoption.