Montana § 42-2-408 - Time And Prerequisites For Execution Of Relinquishment And Consent To Adoption -- Copy Of Preplacement Evaluation -- Notarization

§ 42-2-408. Time And Prerequisites For Execution Of Relinquishment And Consent To Adoption -- Copy Of Preplacement Evaluation -- Notarization

Time and prerequisites for execution of relinquishment and consent to adoption -- copy of preplacement evaluation -- notarization. (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: (a) the child has been born; (b) not less than 72 hours have elapsed since the birth of the child; (c) the parent has received adoptive decision support services in accordance with 42-2-409 ; and (d) in a direct parental placement adoption: (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 ; (ii) if the parent is a minor, the parent has been represented by separate legal counsel; and (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. (2) A guardian may execute a relinquishment and consent to adopt at any time after being authorized by a court. (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. (4) A child whose consent is required may execute a consent at any time before or during the hearing on the petition to adopt. (5) Except as provided in this section, a relinquishment and consent to adopt must be a separate instrument executed before a notary public. (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.