Mont. Code Ann. » TITLE 42. ADOPTION · CHAPTER 2. ADOPTION OF CHILD · Part 6. Petition to Terminate Parental Rights
Montana Code Annotated

Mont. Code Ann. § 42-2-602 (2026)

Necessity For Parental Rights To Be Terminated

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  1. MCA Contents
  2. TITLE 42
  3. CHAPTER 2
  4. Part 6
  5. 42-2-602 Necessity for parental rights to be terminated

TITLE 42. ADOPTION

CHAPTER 2. ADOPTION OF CHILD

Part 6. Petition to Terminate Parental Rights

Necessity For Parental Rights To Be Terminated

42-2-602. Necessity for parental rights to be terminated. A child is not legally free for adoption until the parental rights of the birth parent or parents have been terminated by a court:

(1) as provided in this title;

(2) pursuant to Title 41, chapter 3; or

(3) of competent jurisdiction in another state or country.

History: En. Sec. 62, Ch. 480, L. 1997.

Notes of Decisions
Cited in 4 cases, 2008–2016 · leading case: In re the Adoption of K.P.M., 2009 MT 31, 201 P.3d 833.
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In re the Adoption of K.P.M., 2009 MT 31, 201 P.3d 833. · cites it 14× “DISCUSSION ¶ 12 Relating to adoption, § 42-2-602, MCA, provides: A child is not legally free for adoption until the parental rights of the birth parent or parents have been terminated by a court: (1) as provided in this title; (2) pursuant to Title 41, chapter 3; or (3) of…”
A.M.S. v. W.S., 2016 MT 22, 364 P.3d 1261. · cites it 3× “Section 42-2-602(1), MCA, provides that “a child is not legally free for adoption until the parental rights of the birth parent or parents have been terminated by a court: (1) as provided in this title .”
J.C. v. Eleventh Jud. Dist. Court, 2008 MT 358, 197 P.3d 907. · cites it 3× “” Section 42-2-602, MCA. ¶18 However, Title 42, chapter 2, MCA, specifies that adoption proceedings should be based on the consent of the birth parent and that controversies regarding termination of parental rights should be a separate and distinct action.”
Jardine v. Schwartz, 2016 MT 22. · cites it 3× “Section 42-2-602(1), MCA, provides that “a child is not legally free for adoption until the parental rights of the birth parent or parents have been terminated by a court: (1) as provided in this title .”
Mont. Code Ann. § 42-2-602(1): 2 cases
A.M.S. v. W.S., 2016 MT 22, 364 P.3d 1261. “Section 42-2-602(1), MCA, provides that “a child is not legally free for adoption until the parental rights of the birth parent or parents have been terminated by a court: (1) as provided in this title .”
Jardine v. Schwartz, 2016 MT 22. “Section 42-2-602(1), MCA, provides that “a child is not legally free for adoption until the parental rights of the birth parent or parents have been terminated by a court: (1) as provided in this title .”
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