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

Mont. Code Ann. § 42-2-603 (2026)

Petition For Termination Of Parental Rights

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 42
  3. CHAPTER 2
  4. Part 6
  5. 42-2-603 Petition for termination of parental rights

TITLE 42. ADOPTION

CHAPTER 2. ADOPTION OF CHILD

Part 6. Petition to Terminate Parental Rights

Petition For Termination Of Parental Rights

42-2-603. Petition for termination of parental rights. (1) Pending the termination or other disposition of the rights of the father of the child, the birth mother may execute a relinquishment and consent to adoption.

(2) The department, a licensed child-placing agency, the prospective adoptive parent to whom the relinquishment is issued, or a guardian with custody of the child shall file with the court a signed and notarized petition for termination of parental rights pursuant to Title 41, chapter 3, or pursuant to this title.

(3) At the request of the relinquishing parent, the execution of a relinquishment may be conditioned as set forth in 42-2-411.

(4) Pending disposition of the petition, the court may enter an order authorizing temporary care of the child.

History: En. Sec. 63, Ch. 480, L. 1997.

Notes of Decisions
Cited in 7 cases (1 in the last 5 years), 2008–2025 · 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 52× “¶ 19 If § 42-2-603, MCA, was interpreted as the dissent suggests, no one would have standing to petition to terminate B.”
Adoption of A.W.S. & K.R.S., 2014 MT 322 (Mont. 2014). · cites it 2× “Thus, Montana’s statutes create two similarly situated classes: indigent parents facing involuntary termination of parental rights on a petition by the state under § 41-3-422, MCA, and indigent parents facing involuntary termination of parental rights in an adoption proceeding…”
A.M.S. v. W.S., 2016 MT 22 (Mont. 2016). · cites it 8× “” He argues that Grandfather and Mother are not parties who may bring a petition for termination under § 42-2-603(2), MCA, and that Grandfather is not a stepparent who may bring a petition for *150 termination of parental rights in conjunction with a petition for adoption.”
J.C. v. Eleventh Jud. Dist. Court, 2008 MT 358 (Mont. 2008). · cites it 6× “” Section 42-2-603(2), MCA (emphasis added).”
Bergsing v. Cardona, 2014 MT 327 (Mont. 2014). · cites it 6× “¶12 A petition for termination of parental rights under Title 42 may be filed by the Department, a licensed child-placement agency, a prospective adoptive parent to whom a relinquishment of parental rights has been issued, or a guardian with custody of the child.”
Jardine v. Schwartz, 2016 MT 22 (Mont. 2016). · cites it 8× “” He argues that Grandfather and Mother are not parties who may bring a petition for termination under § 42-2-603(2), MCA, and that Grandfather is not a stepparent who may bring a petition for termination of parental rights in conjunction with a petition for adoption.”
Matter of I.R.S. & M.w.a.h., Yincs, 2025 MT 139 (Mont. 2025). · cites it 2× “, where we held that an indigent mother facing termination of her parental rights in an adoption proceeding under § 42-2-603, MCA, and proceeding pro se, was entitled to assistance of court-appointed counsel.”
Mont. Code Ann. § 42-2-603(2): 5 cases
In Re the Adoption of K.P.M., 2009 MT 31 (Mont. 2009). “¶ 19 If § 42-2-603, MCA, was interpreted as the dissent suggests, no one would have standing to petition to terminate B.”
A.M.S. v. W.S., 2016 MT 22 (Mont. 2016). “” He argues that Grandfather and Mother are not parties who may bring a petition for termination under § 42-2-603(2), MCA, and that Grandfather is not a stepparent who may bring a petition for *150 termination of parental rights in conjunction with a petition for adoption.”
J.C. v. Eleventh Jud. Dist. Court, 2008 MT 358 (Mont. 2008). “” Section 42-2-603(2), MCA (emphasis added).”
Bergsing v. Cardona, 2014 MT 327 (Mont. 2014). “¶12 A petition for termination of parental rights under Title 42 may be filed by the Department, a licensed child-placement agency, a prospective adoptive parent to whom a relinquishment of parental rights has been issued, or a guardian with custody of the child.”
Jardine v. Schwartz, 2016 MT 22 (Mont. 2016). “” He argues that Grandfather and Mother are not parties who may bring a petition for termination under § 42-2-603(2), MCA, and that Grandfather is not a stepparent who may bring a petition for termination of parental rights in conjunction with a petition for adoption.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.