Mont. Code Ann. » TITLE 40. FAMILY LAW · CHAPTER 6. PARENT AND CHILD · Part 1. Uniform Parentage Act
Montana Code Annotated

Mont. Code Ann. § 40-6-102 (2026)

Definitions

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 40
  3. CHAPTER 6
  4. Part 1
  5. 40-6-102 Definitions

TITLE 40. FAMILY LAW

CHAPTER 6. PARENT AND CHILD

Part 1. Uniform Parentage Act

Definitions

40-6-102. Definitions. As used in this part, the following definitions apply:

(1) "Parent and child relationship" means the legal relationship existing between a child and the child's natural or adoptive parents incident to which the law confers or imposes rights, privileges, duties, and obligations. It includes the mother and child relationship and the father and child relationship.

(2) "Paternity test" means a test that demonstrates through examination of genetic markers either that an alleged father is not the natural father of a child or that there is a probability that an alleged father is the natural father of a child. The genetic markers may be identified from a person's blood or a tissue sample. The blood or tissue sample may be taken by blood drawing, buccal swab, or any other method approved by the American association of blood banks. A blood test may include but is not limited to the human leukocyte antigen test and DNA probe technology.

(3) "Support judgment" or "support order" means an order, whether temporary or final, that provides for the periodic payment of an amount of money expressed in dollars for the support of a child, including medical and health needs, child care, education, recreation, clothing, transportation, and other related expenses and costs specific to the needs of the child.

History: En. 61-302 by Sec. 2, Ch. 512, L. 1975; R.C.M. 1947, 61-302; amd. Sec. 6, Ch. 70, L. 1995; amd. Sec. 85, Ch. 552, L. 1997; amd. Sec. 11, Ch. 364, L. 2019.

Notes of Decisions
Cited in 9 cases (2 in the last 5 years), 1988–2025 · leading case: In Re the Adoption of K.P.M., 2009 MT 31 (Mont. 2009).
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In Re the Adoption of K.P.M., 2009 MT 31 (Mont. 2009). · cites it 6× “" Section 40-6-102(2), MCA (emphasis added).”
State v. Young, 2007 MT 323 (Mont. 2007). · cites it 4× “Notably, § 40-6-102(2), MCA, states: "`Parent and child relationship' means the legal relationship existing between a child and the child's natural or adoptive parents incident to which the law confers or imposes rights, privileges, duties and obligations.”
In re Declaring M.W., 764 P.2d 1279 (Mont. 1988). · cites it 3× “Section 40-6-102, MCA, defines the parent and child relationship as follows: “ ‘Parent and child relationship’ means the legal relationship existing between a child and his natural or adoptive parents incident to which the law confers or imposes rights, privileges, duties and…”
A.M.S. v. W.S., 2016 MT 22 (Mont. 2016). · cites it 3× “” Section 40-6-102(2), MCA. Parental authority over a child ceases upon a court’s appointment of a guardian or when the child marries or attains majority.”
Custody & Parenting of B.C.B.W., 2008 MT 147 (Mont. 2008). “See generally §§ 40-6-102 through -131, MCA. A person bringing a paternity action seeks a judicial determination of the existence of the father and child relationship.”
Matter of MW, 764 P.2d 1279 (Mont. 1988). · cites it 3× “Section 40-6-102, MCA, defines the parent and child relationship as follows: "Parent and child relationship" means the legal relationship existing between a child and his natural or adoptive parents incident to which the law confers or imposes rights, privileges, duties and…”
Matter of K.N.S., YINC, 2021 MT 84N (Mont. 2021). · cites it 3× “” Section 40-6-102(1), MCA. 6 an Indian child domiciled outside of an Indian reservation until transfer of the proceedings to the appropriate tribal court is requested pursuant to ICWA.”
Jardine v. Schwartz, 2016 MT 22 (Mont. 2016). · cites it 3× “” Section 40-6-102(2), MCA. Parental authority over a child ceases upon a court’s appointment of a guardian or when the child marries or attains majority.”
Marriage of: Rehbein & Paddock, 2025 MT 201 (Mont. 2025). · cites it 2× “Instead, looking to the plain language of the presumption of paternity provided for by § 40-6-105(1)(a), MCA, Paddock, as an unequivocable “person,” is entitled to a presumption of paternity of the children born during her marriage to Rehbein, the children’s uncontested natural…”
— Mont. Code Ann. § 40-6-102(1) — 1 case
Matter of K.N.S., YINC, 2021 MT 84N (Mont. 2021). “” Section 40-6-102(1), MCA. 6 an Indian child domiciled outside of an Indian reservation until transfer of the proceedings to the appropriate tribal court is requested pursuant to ICWA.”
— Mont. Code Ann. § 40-6-102(2) — 4 cases
In Re the Adoption of K.P.M., 2009 MT 31 (Mont. 2009). “" Section 40-6-102(2), MCA (emphasis added).”
State v. Young, 2007 MT 323 (Mont. 2007). “Notably, § 40-6-102(2), MCA, states: "`Parent and child relationship' means the legal relationship existing between a child and the child's natural or adoptive parents incident to which the law confers or imposes rights, privileges, duties and obligations.”
A.M.S. v. W.S., 2016 MT 22 (Mont. 2016). “” Section 40-6-102(2), MCA. Parental authority over a child ceases upon a court’s appointment of a guardian or when the child marries or attains majority.”
Jardine v. Schwartz, 2016 MT 22 (Mont. 2016). “” Section 40-6-102(2), MCA. Parental authority over a child ceases upon a court’s appointment of a guardian or when the child marries or attains majority.”
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