Montana § 42-2-408 Time And Prerequisites For Execution Of Relinquishment And Consent To Adoption -- Copy Of Preplacement Evaluation -- Notarization

Montana Statutes

§ 42-2-408 — Time And Prerequisites For Execution Of Relinquishment And Consent To Adoption -- Copy Of Preplacement Evaluation -- Notarization

Montana § 42-2-408

Title 42ADOPTION

Ch. 2ADOPTION OF CHILD

Part 4Voluntary Relinquishment and Consent to Adopt

This text of Montana § 42-2-408 (Time And Prerequisites For Execution Of Relinquishment And Consent To Adoption -- Copy Of Preplacement Evaluation -- Notarization) 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. § 42-2-408 (2026).

Text

42-2-408 . Time and prerequisites for execution of relinquishment and consent to adoption -- copy of preplacement evaluation -- notarization.

(1)A parent whose consent to the adoption of a child is required may execute a relinquishment and consent to adoption only after the following criteria have been met:

(a)the child has been born;

(b)not less than 72 hours have elapsed since the birth of the child;

(c)the parent has received adoptive decision support services in accordance with 42-2-409 ; and

(d)in a direct parental placement adoption:

(i)the parent has been informed that fees for any required counseling and legal fees are allowable expenses that may be paid by a prospective adoptive parent under 42-7-101 , subject to the limitations set in 42-7-102 ;

(ii)if the parent is a mino

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42-2-408 . Time and prerequisites for execution of relinquishment and consent to adoption -- copy of preplacement evaluation -- notarization. (1) A parent whose consent to the adoption of a child is required may execute a relinquishment and consent to adoption only after the following criteria have been met:
(a) the child has been born;
(b) not less than 72 hours have elapsed since the birth of the child;
(c) the parent has received adoptive decision support services in accordance with 42-2-409 ; and
(d) in a direct parental placement adoption:
(i) the parent has been informed that fees for any required counseling and legal fees are allowable expenses that may be paid by a prospective adoptive parent under 42-7-101 , subject to the limitations set in 42-7-102 ;
(ii) if the parent is a minor, the parent has been represented by separate legal counsel; and
(iii) prior to the execution of the relinquishment, the parent has been provided a copy of the preplacement evaluation prepared pursuant to 42-3-204 pertaining to the prospective adoptive parent.
(2) A guardian may execute a relinquishment and consent to adopt at any time after being authorized by a court.
(3) The department or a licensed child-placing agency may execute a consent for the adoption at any time before or during the hearing on the petition for adoption.
(4) A child whose consent is required may execute a consent at any time before or during the hearing on the petition to adopt.
(5) Except as provided in this section, a relinquishment and consent to adopt must be a separate instrument executed before a notary public.
(6) If the person from whom a relinquishment and consent to adopt is required is a member of the armed services or is in prison, the relinquishment may be executed and acknowledged before any person authorized by law to administer oaths.