Montana

Montana

Who may adopt?
A husband and wife jointly.
A stepparent.
An unmarried individual over the age 18.
A married person singly who is legally separated or whose spouse is incompetent.

Consent for adoption to be executed?
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.

A Child's Waiting A Child's Waiting
Revocation of consent?
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.

Who may place a child for adoption?
The department or agency to which the child has been relinquished or has been authorized to place the child.
The child's parents.
A guardian authorized by the court.

Advertising?
No person, other than the department or a licensed child-placing agency, may advertise in any public medium that the person knows of a child who is available for adoption, is willing to accept a child for adoption, or knows of prospective adoptive parents for a child.

Facilitators?
No person, other than the department or a licensed child-placing agency, may engage in placement activities. ''Placement activities'' include:

  • Placement of a child for adoption or foster care
  • Arranging or providing short-term foster care for a child pending an adoptive placement
  • Facilitating placement of a child by maintaining a list, in any form, of birth parents or prospective adoptive or foster parents

Putative Father's Registry?
Yes. A putative father may file prior to the child's birth, but no later than 72 hours after the child's birth and may file even if he has no actual knowledge that a pregnancy has occurred.

Expenses?
Birth parent –
Medical and prenatal care.
Foster care.
Counseling for mother.
Travel and temporary living expenses.
Legal fees.
Any other adoption related expenses not including: education, vehicles, salary, wages, or vacations, permanent housing for the birth mother,
counseling for the mother beyond a maximum of 10 hours.

Department/Agency –
The actual cost of the pre-placement evaluation.

Information provided in part by the Child Welfare Information Gateway.

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