Montana's Laws on Living Expenses
Montana
Birth Parent Expenses Allowed Statute: § 42-7-101(1)
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• Medical and prenatal care
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• Foster care
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• Counseling for the birth mother
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• Travel and temporary living
expenses
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• Legal fees
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• Any other reasonable adoption
related expenses
Birth Parent Expenses Not Allowed Statute: §§ 42-7-101(1)(k);
42-7-102
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• Education
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• Vehicles
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• Salary, wages, or vacations
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• Permanent housing for the birth
mother
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• Counseling for the mother
beyond a maximum of 10 hours
Allowable Payments for Arranging Adoption Statute: §
42-7-105(3)
A person may
not give or accept payment beyond the fees that are specifically allowed by
statute.
Allowable Payments for Relinquishing Child Statute: §§
42-7-101(2); 42-7-105(4)
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• Expense payments may not be
made contingent on the placement of the child.
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• Payments made cannot be
recovered; they are considered a gift to the birth mother.
Allowable Fees Charged by Department/Agency Statute: §
42-7-101(1)
Reasonable fees may
be paid by the adoptive parent for the actual cost of services. The costs must
relate to:
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• The petition for adoption
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• The preplacement evaluation
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• The placement of the child
Accounting of Expenses Required by Court
Although an
accounting is not mandatory, judges may, at their discretion, ask for one.
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