Montana

Montana

Who 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.

Consent of Adoptee:
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.

When Relinquishment Can Be Signed:

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.

Time for Revocation:

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.

• Glossary of Terms
• 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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