Montana
MontanaWho Must Consent:
- The birth mother.
- 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.
A child 12 years or older must consent, either in writing or in court, unless he lacks the mental capacity to consent.
When Parental Consent is Not Needed:
An individual:
- Whose parental rights have been terminated for unfitness or 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.
- A parent may consent not less than 72 hours after the child's birth and has first received counseling.
- A guardian may consent any time after being authorized by the court.
How Relinquishment Must Be Signed:
- Consents must be acknowledged before an authorized officer of the Department, an agency, or the court.
- Consent by a minor parent not valid unless minor has been advised by an attorney.
- The parent who has relinquished 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.
• Legal Considerations in Adoption
• Parental Rights
• Putative Father Registries: What They Are and How To Use Them
• Resources for Expectant/Placing Parents
Relinquishment Summaries by State: Index
Source: National Adoption Information Clearinghouse. Reprinted with permission.
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