§ 42-1-101 Short title
§ 42-1-102 Adoption policy
§ 42-1-103 Definitions
§ 42-1-104 Venue
§ 42-1-105 Who may be adopted
§ 42-1-106 Who may adopt
§ 42-1-107 Adoption prohibited if child not legally free
§ 42-1-108 Rights and responsibilities of parties in adoption proceedings
§ 42-1-109 Need for finality — balancing of interests
§ 42-1-110 Presumed knowledge that child may be adopted without notice
§ 42-1-111 Unmarried birth mother’s right of privacy
§ 42-1-115 Vaccination status prohibited as evidence or grounds for decision

Terms Used In Montana Code > Title 42 > Chapter 1 > Part 1 - Adoption Policy and Procedures

  • Adoptee: means an adopted person or a person who is the subject of adoption proceedings that are intended to result in the adoptee becoming the legal child of another person. See Montana Code 42-1-103
  • 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
  • Adoptive parent: means an adult who has become the mother or father of a child through the legal process of adoption. 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
  • Confidential intermediary: means a person certified by the department and under contract with or employed by a nonprofit entity with expertise in adoption. See Montana Code 42-1-103
  • Contract: A legal written agreement that becomes binding when signed.
  • 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
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • 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.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • 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
  • Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
  • Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
  • Writing: includes printing. See Montana Code 1-1-203