Montana Relinquishment, Consent, Revocation laws

Who Must Consent:

• The birth mother.
  
• The husband of the mother if he is the presumed father.
  
• Any other person whose parental rights have been established.
  
• The agency that has custody of the child.
  
• The legal guardian.
  

Consent of Adoptee:

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A child 12 years or older must consent, either in writing or in court, unless he lacks the mental capacity to consent.

When Parental Consent is Not Needed:

An individual:

• Whose parental rights have been terminated for unfitness or has waived rights.
  
• Who has been declared incompetent.
  
• Who has not been married to the mother and denies paternity.
  
• Who is the personal representative of a deceased parent's estate.
  
  

When Relinquishment Can Be Signed:

• A parent may consent not less than 72 hours after the child's birth and has first received counseling.
  
• A guardian may consent any time after being authorized by the court.
  
  

How Relinquishment Must Be Signed:

• Consents must be acknowledged before an authorized officer of the Department, an agency, or the court.
  
• Consent by a minor parent not valid unless minor has been advised by an attorney.
  

Time for Revocation:

• The parent who has relinquished and the prospective adoptive parent may mutually agree to revocation prior to the issuance of an order terminating parental rights.
  
• A relinquishment cannot be revoked once that order has been issued.
  
  

Adapted from materials prepared by the National Adoption Information Clearinghouse.