{"data":{"id":"us-mt/42-2-217","jurisdiction":"us-mt","citation":"42-2-217","heading":"Registry search -- request -- affidavit.","body":"(1) The following persons may at any time request that the department search the registry to determine whether a putative father is registered in relation to a child who is or may be the subject of a proceeding to terminate parental rights:\n(a) a representative of the department;\n(b) a representative of an agency when the agency is or may be arranging an adoption;\n(c) a prospective adoptive parent or an attorney representing a prospective adoptive parent in a direct parental placement adoption who has the notarized consent of the birth mother; or\n(d) any woman who is the subject of a registration.\n(2) Upon request of a person listed in subsection (1), the department shall submit an affidavit pursuant to the requirements of subsections (4) and (5).\n(3) A request for information about a registration from the department must be in writing.\n(4) Not later than 5 days after receiving a request for a registry search, the department shall submit an affidavit to the requestor verifying whether a putative father has registered within the period allowed under 42-2-206 in relation to a mother whose child or expected child is the subject of the termination proceeding.\n(5) Whenever the department finds that one or more putative fathers are registered, the department shall:\n(a) submit a copy of each registration form with the department's affidavit; and\n(b) include in the affidavit the date that the department representative, agency, or attorney submitted the request for the search.\n(6) A court may not issue an order terminating parental rights unless the department's affidavit under subsection (5) is filed with the court.","path":["TITLE 42. ADOPTION","CHAPTER 2. ADOPTION OF CHILD","Part 2. Putative Father Registration"],"source_url":"https://mca.legmt.gov/bills/mca/title_0420/chapter_0020/part_0020/section_0170/0420-0020-0020-0170.html","current_through":"Montana Code Annotated 2025","vintage":"","retrieved_at":"2026-09-14T04:55:16Z","sha256":"94f69b5b935ee6dcf8049f7844f0256e0a811ce46f9512b125fa3e10b138cc8f","source_id":"us-mt","stale":false,"prev":"us-mt/42-2-216","next":"us-mt/42-2-218"},"notice":"GroundRules: Original legal text. Not legal advice."}