Adoption Consent Form - Montana

MONTANA PARENTAL RELINQUISHMENT AND CONSENT TO ADOPTION

Before you use this: Complete one separately notarized instrument for each consenting parent. Do not sign before the child is 72 hours old. If the child is or may be an Indian child, use the court-recorded consent procedure required by federal and Montana Indian Child Welfare Acts.

1. Parent, child, and receiving party

I, [FULL LEGAL NAME], born [DATE], currently receive mail at [ADDRESS, CITY, STATE, ZIP]. I am a parent of [CHILD'S FULL NAME], born on [DATE] at [PLACE]. This instrument is signed at [PLACE] on [DATE] at [TIME].

I intend to relinquish custody to exactly one recipient selected below. Provide that recipient's full name, address, and telephone number:

☐ Department or licensed child-placing agency: [NAME, ADDRESS, PHONE]. Its written agreement to accept custody until adoption is attached.

☐ Specifically identified prospective adoptive parent: [NAME, ADDRESS, PHONE]. That person's written agreement to accept temporary custody, support, and care until the adoption petition is granted or denied is attached.

2. Prerequisites to signing

I confirm the child was born at least 72 hours before I signed this document. Birth date and time: [____________________]. Signature date and time: [____________________].

☐ I am the birth mother and received the adoptive decision support services required by Mont. Code Ann. § 42-2-409, or the court granted a good-cause waiver of the minimum service hours. Provider, dates, and report or waiver: [____________________].

☐ I am another parent and received any decision support required for this placement; details: [____________________].

For a direct parental placement, complete the applicable statements:

☐ I am an adult and was advised of my right to a lawyer who does not represent the adoptive parent.

☐ I am a minor and have been advised by a lawyer who does not represent the adoptive parent. Lawyer: [____________________].

☐ Before signing, I received a copy of the prospective adoptive parent's required preplacement evaluation. ☐ A court order establishing that an evaluation is not required is attached. Explain: [____________________].

I was informed that eligible legal and counseling expenses may be paid by a prospective adoptive parent within statutory limits.

3. Relinquishment and consent

I voluntarily and unequivocally relinquish my parental rights and consent to:

☐ the permanent transfer of the child's legal and physical custody to the department or licensed agency identified above for adoption; or

☐ the transfer of permanent legal and physical custody to, and adoption by, the specifically identified prospective adoptive parent above.

I understand that relinquishment solely to the child's other parent does not relieve me of my duties to the child or the duty to support the child.

4. Required acknowledgment of legal effects

I understand that, when this document is signed or confirmed in substantial compliance with Mont. Code Ann. § 42-2-412, it is final except for a permitted condition under § 42-2-411 and the mutual revocation procedure of § 42-2-410 before a termination order. After a court enters an order terminating my parental rights, this relinquishment may not be revoked under § 42-2-410. A court may set it aside on the grounds and proof stated in § 42-2-417. A later failure to permit visits or communication does not itself revoke or set aside the relinquishment.

I understand that the relinquishment will extinguish my parental rights and obligations, except accrued child-support arrearages unless the person owed the arrearages agrees in writing to waive them. I remain financially responsible for the child until a court actually terminates my parental rights. The relinquishment remains valid even if a later visitation or communication agreement is not performed.

I received a copy of this instrument and a copy of the receiving party's written temporary-custody, support, and care acceptance. I received any required adoptive decision support services explaining the meaning and consequences of adoption and the option for medically necessary prenatal and postnatal outpatient services. If this is a direct parental placement, I received the required preplacement evaluation and the counsel information or representation stated above.

I was advised of the obligation to provide my and the child's medical and social history. I have not received or been promised money or anything of value to sign this document except payments authorized by law.

5. Notice and permitted condition

I ☐ waive ☐ do not waive notice of a future adoption proceeding. This selection does not waive any notice required by an applicable Indian Child Welfare Act.

This consent is ☐ unconditional ☐ conditioned only as follows under Mont. Code Ann. § 42-2-411:

☐ The other parent must execute a relinquishment and consent to adopt by [DATE]; or

☐ The court must terminate the parental relationship of [PERSON].

No promise of later visitation, communication, payment, or other performance is a condition of this consent.

6. Signatures and written acceptance

Parent signature: [________________________________] Date and time: [__/__/____] [____:____]

Notarial acknowledgment: The parent named above signed this separate instrument before me at [PLACE] on [DATE] at [TIME].

Notary public: [________________________________] Commission expires: [__/__/____]

Receiving party's separate written acceptance: I, [NAME], as ☐ authorized department/agency representative ☐ identified prospective adoptive parent, agree to accept custody as identified above and to provide the child's temporary support and care until the adoption petition is granted or denied, as applicable to my role.

Receiving party signature and title: [________________________________] Date: [__/__/____]

DISCLAIMER: This template is provided for informational purposes only and does not constitute legal advice. Consult a licensed Montana attorney before use.