Mont. Code Ann. » TITLE 42. ADOPTION · CHAPTER 2. ADOPTION OF CHILD · Part 4. Voluntary Relinquishment and Consent to Adopt
Montana Code Annotated

Mont. Code Ann. § 42-2-401 (2026)

Child Available For Adoption -- Voluntary Acts Of Parents

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  1. MCA Contents
  2. TITLE 42
  3. CHAPTER 2
  4. Part 4
  5. 42-2-401 Child available for adoption -- voluntary acts of parents

TITLE 42. ADOPTION

CHAPTER 2. ADOPTION OF CHILD

Part 4. Voluntary Relinquishment and Consent to Adopt

Child Available For Adoption -- Voluntary Acts Of Parents

42-2-401. Child available for adoption -- voluntary acts of parents. A parent may voluntarily make a child available for adoption by:

(1) executing a voluntary relinquishment and consent to adoption;

(2) executing a denial of paternity; or

(3) submitting a notarized acknowledgment of paternity and a denial of any interest in custody of the child.

History: En. Sec. 42, Ch. 480, L. 1997.

Notes of Decisions
Cited in 3 cases, 2011–2019 · leading case: In re the Adoption of S.R.T., 2011 MT 219, 260 P.3d 177.
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In re the Adoption of S.R.T., 2011 MT 219, 260 P.3d 177. “It provides the rights and responsibilities of all parties in the adoption proceeding, § 42-1-108, MCA, it offers protection and notice provisions for putative fathers, § 42-2-201 through 230, MCA, it dictates how voluntary relinquishment of parental rights and consent to…”
In re K.B., 2019 MT 73, 437 P.3d 1042. · cites it 3× “Section 42-2-401(1), MCA. Section 42-2-411, MCA, allows a parent to make her voluntary relinquishment conditional: A relinquishment and consent to adopt may provide that it not take effect only if: (a) the other parent does not execute a relinquishment and consent to adopt…”
Matter of D.S., 2015 MT 23N. · cites it 3× “” Section 42-2-401(1), MCA. Because of the fundamental liberty interests involved, the law provides prerequisites that must be 3 satisfied prior to relinquishment, including at least three hours of counseling.”
Mont. Code Ann. § 42-2-401(1): 2 cases
In re K.B., 2019 MT 73, 437 P.3d 1042. “Section 42-2-401(1), MCA. Section 42-2-411, MCA, allows a parent to make her voluntary relinquishment conditional: A relinquishment and consent to adopt may provide that it not take effect only if: (a) the other parent does not execute a relinquishment and consent to adopt…”
Matter of D.S., 2015 MT 23N. “” Section 42-2-401(1), MCA. Because of the fundamental liberty interests involved, the law provides prerequisites that must be 3 satisfied prior to relinquishment, including at least three hours of counseling.”
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