Montana Code Annotated

Mont. Code Ann. § 42-2-607 (2026)

Grounds For Termination Of Parental Rights

✓ current as of May 2026

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TITLE 42. ADOPTION

CHAPTER 2. ADOPTION OF CHILD

Part 6. Petition to Terminate Parental Rights

Grounds For Termination Of Parental Rights

42-2-607. Grounds for termination of parental rights. The court may terminate a parent's rights to a child who is the subject of an adoption proceeding based upon:

(1) the voluntary acts of the parent in:

(a) executing a voluntary relinquishment and consent to adopt;

(b) submitting a notarized denial of paternity executed pursuant to 42-2-421; or

(c) submitting a notarized acknowledgment of paternity and denial of interest in custody of the child executed pursuant to 42-2-422;

(2) a determination under 42-2-608 that the parent is unfit;

(3) a determination under 42-2-609 that the relationship of parent and child does not exist;

(4) a determination under 42-2-610 that a putative father has failed to establish and maintain a substantial relationship with the child; or

(5) a determination that the parent has irrevocably waived parental rights by failing to timely act to protect the rights.

History: En. Sec. 70, Ch. 480, L. 1997; amd. Sec. 5, Ch. 257, L. 1999.

Notes of Decisions

Cited in 18 cases (3 in the last 5 years), 2000–2025 · leading case: Adoption of A.W.S. & K.R.S., 2014 MT 322 (Mont. 2014).

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Adoption of A.W.S. & K.R.S., 2014 MT 322 (Mont. 2014). · cites it 5× “Title 41, chapter 3, part 4, MCA, provides for the involuntary termination of parental rights by the State for abuse or neglect of a child, whereas Title 42, chapter 2, part 6, MCA, allows certain private parties to file a petition to involuntarily terminate parental rights to a…”

In Re the Adoption of K.P.M., 2009 MT 31 (Mont. 2009). · cites it 6× “Section 42-2-607(2), MCA. Grounds for unfitness are, inter alia, that the parent willfully abandoned the child or that the parent was able to support her child and failed to do so for one year before the filing of a petition to adopt.”

R.A.J. v. N.W., 2009 MT 22 (Mont. 2009). · cites it 6× “Section 42-2-607(2), MCA. In such an instance, the petitioners must prove by clear and convincing evidence that the statutory requirements for termination have been met.”

J.W.M. v. R.H., 2015 MT 231 (Mont. 2015). · cites it 7× “Section 42-2-607, MCA, provides, in relevant part: The court may terminate a parent’s rights to a child who is the subject of an adoption proceeding based upon: (2) a determination under 42-2-608 that the parent is unfit; (3) a determination under 42-2-609that the relationship…”

In Re the Adoption of Snyder, 2000 MT 61 (Mont. 2000). · cites it 2× “The grounds for *44 terminating parental rights are set forth in § 42-2-607, MCA, which provides in part: The court may terminate a parent’s rights to a child who is the subject of an adoption proceeding based upon: (2) a determination under 42-2-608 that the parent is unfit.”

In Re the Adoption of C.W.D., 2005 MT 145 (Mont. 2005). “Sections 42-2-607(2) and -608, MCA. ¶9 Here, D.”

Bergsing v. Cardona, 2014 MT 327 (Mont. 2014). · cites it 6× “A court may find a parent unfit, and terminate parental rights “for purposes of making a child available for adoption,* if the parent has willfully abandoned the child, as defined in § 41-3-102, MCA, or has not contributed to the support of the child for an aggregate period of…”

A.M.S. v. W.S., 2016 MT 22 (Mont. 2016). · cites it 2× “, ¶ 14 (citing § 42-2-607(2), MCA). Here, the children are the subject of an adoption proceeding.”

Matter of the Adoption of C.M.C., 2024 MT 234N (Mont. 2024). · cites it 10× “First, the District Court referenced § 42-2-607(3), MCA, in support of its Conclusion of Law 25 concluding a parent-child relationship does not exist between Respondent and C.”

In Re Adoption of Raj, 2009 MT 22 (Mont. 2009). · cites it 6× “Section 42-2-607(2), MCA. In such an instance, the petitioners must prove by clear and convincing evidence that the statutory requirements for termination have been met.”

Adoption of R.D.J., 2021 MT 223N (Mont. 2021). · cites it 8× “pursuant to § 42-2-607, MCA, and from that court’s December 2, 2020 final decree of adoption relieving him of all parental rights over R.”

In Re the Adoption of P.T.H., 2015 MT 316 (Mont. 2015). · cites it 5× “¶16 As previously noted, a child may be adopted only with consent of the natural parents, § 42-2-301, MCA, but consent is not required if the parental rights have been terminated, § 42-2-607, MCA. R.H. has not consented to the proposed adoption, and the only ground for declaring…”

Show all 18 citing cases →

— Mont. Code Ann. § 42-2-607(2) — 14 cases

In Re the Adoption of K.P.M., 2009 MT 31 (Mont. 2009). “Section 42-2-607(2), MCA. Grounds for unfitness are, inter alia, that the parent willfully abandoned the child or that the parent was able to support her child and failed to do so for one year before the filing of a petition to adopt.”

Adoption of A.W.S. & K.R.S., 2014 MT 322 (Mont. 2014). “Title 41, chapter 3, part 4, MCA, provides for the involuntary termination of parental rights by the State for abuse or neglect of a child, whereas Title 42, chapter 2, part 6, MCA, allows certain private parties to file a petition to involuntarily terminate parental rights to a…”

R.A.J. v. N.W., 2009 MT 22 (Mont. 2009). “Section 42-2-607(2), MCA. In such an instance, the petitioners must prove by clear and convincing evidence that the statutory requirements for termination have been met.”

In Re the Adoption of C.W.D., 2005 MT 145 (Mont. 2005). “Sections 42-2-607(2) and -608, MCA. ¶9 Here, D.”

J.W.M. v. R.H., 2015 MT 231 (Mont. 2015). “Section 42-2-607, MCA, provides, in relevant part: The court may terminate a parent’s rights to a child who is the subject of an adoption proceeding based upon: (2) a determination under 42-2-608 that the parent is unfit; (3) a determination under 42-2-609that the relationship…”

— Mont. Code Ann. § 42-2-607(3) — 1 case

Matter of the Adoption of C.M.C., 2024 MT 234N (Mont. 2024). “First, the District Court referenced § 42-2-607(3), MCA, in support of its Conclusion of Law 25 concluding a parent-child relationship does not exist between Respondent and C.”

— Mont. Code Ann. § 42-2-607(4) — 2 cases

In Re Adoption of Raj, 2009 MT 22 (Mont. 2009). “Section 42-2-607(2), MCA. In such an instance, the petitioners must prove by clear and convincing evidence that the statutory requirements for termination have been met.”

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