§ 42-4-102 — Duties Of Placing Parent

42-4-102 . Duties of placing parent. (1) A parent who is directly placing a child for adoption shall execute a voluntary relinquishment and consent to adopt, including:
(a) receiving the adoptive decision support services required by 42-2-409 ; and
(b) if the parent is a minor, being advised by legal counsel other than the attorney representing the prospective adoptive parent.
(2) A placing parent shall identify and provide information on the location of any other legal parent or guardian of the child and any other person required to receive notice under 42-2-605 , including:
(a) any current spouse;
(b) any spouse who is the other birth parent and to whom the parent was married at the probable time of conception or birth of the child; and
(c) any adoptive parent.
(3) A placing parent shall identify and provide information pertaining to any Indian heritage of the child that would bring the child within the jurisdiction of the federal Indian Child Welfare Act, 25 U.S.C. 1901, et seq., or the Montana Indian Child Welfare Act provided for in Title 41, chapter 3, part 13.
(4) A parent placing a child for adoption in a direct parental placement adoption shall provide:
(a) the disclosures of medical and social history required pursuant to 42-3-101 ;
(b) a certified copy of the child's birth certificate or other document certifying the place and date of the child's birth; and
(c) a certified copy of any existing court orders pertaining to custody or visitation of the child.
(5) A parent placing a child for adoption in a direct parental placement adoption shall file a notice of parental placement.
(6) A parent placing a child for adoption in a direct parental placement adoption shall file a disclosure of all disbursements made to or for the benefit of the parent by the prospective adoptive parent or any person acting on behalf of the prospective adoptive parent.
(7) Subject to the limitations set in 42-7-102 , expenses for adoptive decision support services, postadoptive counseling, outpatient mental health services, legal fees, and the reasonable costs of preparing reports documenting the required disclosures of medical and social history and the disclosures documenting disbursements are allowable expenses that can be paid for by the prospective adoptive parent.

Legislative History

En. Sec. 94, Ch. 480, L. 1997; amd. Sec. 6, Ch. 175, L. 2021; amd. Sec. 43, Ch. 716, L. 2023.