{"data":{"id":"us-mt/42-2-408","jurisdiction":"us-mt","citation":"42-2-408","heading":"Time and prerequisites for execution of relinquishment and consent to adoption -- copy of preplacement evaluation -- notarization.","body":"(1) A parent whose consent to the adoption of a child is required may execute a relinquishment and consent to adoption only after the following criteria have been met:\n(a) the child has been born;\n(b) not less than 72 hours have elapsed since the birth of the child;\n(c) the parent has received adoptive decision support services in accordance with 42-2-409; and\n(d) in a direct parental placement adoption:\n(i) the parent has been informed that fees for any required counseling and legal fees are allowable expenses that may be paid by a prospective adoptive parent under 42-7-101, subject to the limitations set in 42-7-102;\n(ii) if the parent is a minor, the parent has been represented by separate legal counsel; and\n(iii) prior to the execution of the relinquishment, the parent has been provided a copy of the preplacement evaluation prepared pursuant to 42-3-204 pertaining to the prospective adoptive parent.\n(2) A guardian may execute a relinquishment and consent to adopt at any time after being authorized by a court.\n(3) The department or a licensed child-placing agency may execute a consent for the adoption at any time before or during the hearing on the petition for adoption.\n(4) A child whose consent is required may execute a consent at any time before or during the hearing on the petition to adopt.\n(5) Except as provided in this section, a relinquishment and consent to adopt must be a separate instrument executed before a notary public.\n(6) If the person from whom a relinquishment and consent to adopt is required is a member of the armed services or is in prison, the relinquishment may be executed and acknowledged before any person authorized by law to administer oaths.","path":["TITLE 42. ADOPTION","CHAPTER 2. ADOPTION OF CHILD","Part 4. Voluntary Relinquishment and Consent to Adopt"],"source_url":"https://mca.legmt.gov/bills/mca/title_0420/chapter_0020/part_0040/section_0080/0420-0020-0040-0080.html","current_through":"Montana Code Annotated 2025","vintage":"","retrieved_at":"2026-09-14T04:55:16Z","sha256":"38f69f780cee8aaf31157aaf0c9576f52595df5418cb3389ff040ec2c9af15fa","source_id":"us-mt","stale":false,"prev":"us-mt/42-2-406","next":"us-mt/42-2-409"},"notice":"GroundRules: Original legal text. Not legal advice."}