Montana § 42-2-301 - Consent Required
Full text of Montana Montana Code Annotated § 42-2-301 — Consent Required, with citation guidance and answers to common questions.
§ 42-2-301. Consent Required
Consent required. An adoption of a child may be decreed when written consents to adoption have been executed by: (1) the birth mother; (2) the husband of the birth mother if the husband is the presumed father of the child under 40-6-105 ; (3) any other person whose parental rights have been established by a court; (4) the department or an agency that has custody of the child and the authority to place the child for adoption; (5) the legal guardian of the child if both parents are dead or their rights have been judicially terminated and the guardian has authority by order of the court appointing the guardian to consent to the adoption; (6) the child, either in writing or in court, if the child is 12 years of age or older unless the child does not have the mental capacity to consent.
Frequently Asked Questions About Montana § 42-2-301
What does Montana Code Annotated § 42-2-301 cover?
Section 42-2-301 ("Consent Required") is part of the Montana Code Annotated, the codified statutory law of Montana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Montana § 42-2-301?
A common citation format is "Montana Code Annotated § 42-2-301" (Montana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Montana law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Montana official source linked on this page or consult a licensed Montana attorney.
How does Montana § 42-2-301 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Montana can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Montana.