Montana Adoption Laws, Page 3

Who Must Consent to an Adoption

Statute: § 42-2-301

The husband of the mother if he is the presumed father
Any other person whose parental rights have been established
The agency that has custody of the child
The legal guardian

Age When Consent of Adoptee is Considered or Required

Statute: § 42-2-301

A child 12 years of age or older must consent, either in writing or in court, unless he lacks the mental capacity to consent.

When Parental Consent is not Needed

Statute: § 42-2-302

An individual:

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- Whose parental rights have been terminated for unfitness, or who has waived rights
- Who has been declared incompetent
- Who has not been married to the mother and denies paternity
- Who is the personal representative of a deceased parent's estate

When Consent Can Be Executed

Statute: § 42-2-408

A parent may not consent until 72 hours after the child's birth and must first receive counseling.
A guardian may consent any time after being authorized by the court.

How Consent Must Be Executed

Statute: §§ 42-2-303; 42-2-405

Consents must be acknowledged before an authorized officer of the department, an agency, or the court.
Consent by a minor parent is not valid unless the minor has been advised by an attorney who does not represent the prospective adoptive parents.

Revocation of Consent

Statute: § 42-2-410

The parent who has relinquished the child and the prospective adoptive parent may mutually agree to revocation prior to the issuance of an order terminating parental rights.

A relinquishment cannot be revoked once that order has been issued.

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Credits: Child Welfare Information Gateway (http://www.childwelfare.gov)