Montana Code 42-1-107. Adoption prohibited if child not legally free
42-1-107. Adoption prohibited if child not legally free. (1) An adoption decree may not be entered if the child who is the subject of an adoption proceeding is not legally free for adoption.
Terms Used In Montana Code 42-1-107
- Adoption: means the act of creating the legal relationship between parent and child when it does not exist genetically. See Montana Code 42-1-103
- Agency: means a child placement agency licensed by the state of Montana pursuant to Title 52, chapter 8, that is expressly empowered to place children preliminary to a possible adoption. See Montana Code 42-1-103
- Child: means any person under 18 years of age. See Montana Code 42-1-103
- Court: means a court of record in a competent jurisdiction and in Montana means a district court or a tribal court. See Montana Code 42-1-103
- Department: means the department of public health and human services, provided for in 2-15-2201. See Montana Code 42-1-103
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Parent: means the birth or adoptive mother or the birth, adoptive, or legal father whose parental rights have not been terminated. See Montana Code 42-1-103
(2)A child may be placed for adoption only by:
(a)the department or another agency to which the child has been relinquished for purposes of adoption;
(b)the department or another agency expressly authorized to place the child for adoption by a court order terminating the relationship between the child and the child’s parent or guardian;
(c)the child’s parents; or
(d)a guardian expressly authorized by the court to place the child for adoption.