Mont. Code Ann. » TITLE 42. ADOPTION · CHAPTER 5. LEGAL PROCEEDINGS · Part 3. Visitation and Enforceability of Other Agreements
Montana Code Annotated

Mont. Code Ann. § 42-5-301 (2026)

Visitation And Communication Agreements

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 42
  3. CHAPTER 5
  4. Part 3
  5. 42-5-301 Visitation and communication agreements

TITLE 42. ADOPTION

CHAPTER 5. LEGAL PROCEEDINGS

Part 3. Visitation and Enforceability of Other Agreements

Visitation And Communication Agreements

42-5-301. Visitation and communication agreements. (1) Except as otherwise provided in this title, a decree of adoption terminates any existing order or written or oral agreement for contact or communication between the adoptee and the birth parents or family.

(2) Any express written agreement entered into between the placing parent and the prospective adoptive parent after the execution of a relinquishment and consent to adoption is independent of the adoption proceedings, and any relinquishment and consent to adopt remains valid whether or not the agreement for contact or communication is later performed. Failure to perform an agreement is not grounds for setting aside an adoption decree.

(3) A court may order that an agreement for contact or communication entered into under this section may not be enforced upon a finding that:

(a) enforcement is detrimental to the child;

(b) enforcement undermines the adoptive parent's parental authority; or

(c) due to a change in circumstances, compliance with the agreement would be unduly burdensome to one or more of the parties.

History: En. Sec. 140, Ch. 480, L. 1997.

Notes of Decisions
Cited in 2 cases, 2002–2015 · leading case: Birth Mother v. Adoptive Parents, 59 P.3d 1233 (Nev. 2002).
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Birth Mother v. Adoptive Parents, 59 P.3d 1233 (Nev. 2002). · cites it 2× “2002) ("Communication or contact agreements"); Mont.Code Ann. § 42-5-301 (2001) ("Visitation and communication agreements"); Neb.”
Matter of N.D. YINC, 2015 MT 2N (Mont. 2015). · cites it 3× “Section 42-5-301(1), MCA. ¶5 The District Court accounted for and protected the interest that N.”
— Mont. Code Ann. § 42-5-301(1) — 1 case
Matter of N.D. YINC, 2015 MT 2N (Mont. 2015). “Section 42-5-301(1), MCA. ¶5 The District Court accounted for and protected the interest that N.”
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