Montana's Adoption Laws

• Adoption Records
• Consent To Adoption
• Parties To An Adoption
• Birth Father Statutes
• Adoption Expenses
• International Expenses
• General Adoption Statutes

Adoption Records

Montana

Statute: § 41-3-205

Records Confidential: Yes

Persons with access to records

• CPS/State Agencies

• Courts/Judges

• Attorneys General/Prosecutors

• Attorneys, GAL's

• Researchers

• Employers

• Parents/Guardians

• Coroners

• Review Teams

• Treatment Providers

• Subject of Reports

• Public/Any Person

Persons without access to records

• Agencies From Other States

• Grand Juries

• Law Enforcement

• Physicians

• Reporters of Abuse

Other Child-caring or child-placing agencies State protection and advocacy program Foster and adoptive parents School employees Foster Care Review Team Indian tribes or military enclaves Members of Congress; State legislators News media Probation or parole agencies Public disclosure as permitted by the court

© This information is from the National Adoption Information Clearinghouse.

Consent to Adoption

The consent may be signed 72 hours after the birth of the child. The birth mother must receive a minimum of three hours of counseling prior to signing the consent.

Pre-consents are not allowed in the state of Montana.

Revocation Time Frame in Montana

The consent is revocable until the court accepts the consent, which usually occurs very quickly once it is signed.

Parties to an Adoption

Montana

• 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

• A child who is legally free for adoption

• Any adult

• A stepchild

• 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

© This information is from the National Adoption Information Clearinghouse.

Birth Father Statutes

No information currently available.

Adoption Expenses

Montana

1. • Medical and prenatal care
2. • Foster care
3. • Counseling for the birth mother
4. • Travel and temporary living expenses
5. • Legal fees
6. • Any other reasonable adoption related expenses

1. • Education
2. • Vehicles
3. • Salary, wages, or vacations
4. • Permanent housing for the birth mother
5. • Counseling for the mother beyond a maximum of 10 hours

 A person may not give or accept payment beyond the fees that are specifically allowed by statute.

1. • Expense payments may not be made contingent on the placement of the child.
2. • Payments made cannot be recovered; they are considered a gift to the birth mother.

Reasonable fees may be paid by the adoptive parent for the actual cost of services. The costs must relate to:

1. • The petition for adoption
2. • The preplacement evaluation
3. • The placement of the child

Although an accounting is not mandatory, judges may, at their discretion, ask for one.

© This information is from the National Adoption Information Clearinghouse.

International Expenses

No information currently available.

General Adoption Statutes

Montana

1. • Department of Public Health and Human Services
2. • Child placement agency
3. • Social worker

Contents of Report About Person to be Adopted Not addressed in statutes reviewed; generally, health, genetic, and social history

1. • Medical and social history
2. • Tribal affiliation, if applicable

1. • Criminal background check
2. • Child abuse and neglect check
3. • Medical and social history, and current health
4. • Parenting skills
5. • Marital status
6. • Age, nationality
7. • Financial situation
8. • Awareness of adoption issues such as cross-cultural adoption

© This information is from the National Adoption Information Clearinghouse.

If you are an adoption professional and have updated information for this portion of our site let us know by contacting us at 1-800-ADOPTION or e-mail us at editors@americanadoptions.com.