Adoption Consent Form

Parental Consent and Relinquishment of Parental Rights for Adoption

(Montana – Comprehensive Form)

TABLE OF CONTENTS

1. Document Header
2. Definitions

3. Operative Provisions
   3.1 Consent & Relinquishment
   3.2 Counseling Acknowledgment
   3.3 Revocation / Withdrawal of Consent
   3.4 Effect of Consent

4. Representations & Warranties

5. Covenants & Continuing Obligations
6. Default & Remedies
7. Risk Allocation (Not Applicable)
8. Dispute Resolution
9. General Provisions
10. Execution Block

1. DOCUMENT HEADER

Parental Consent and Relinquishment of Parental Rights
Effective Date: [DATE]

This Parental Consent and Relinquishment of Parental Rights (the “Consent”) is executed by:

• [LEGAL NAME OF CONSENTING PARENT 1], residing at [ADDRESS] (“Parent 1”);
• [LEGAL NAME OF CONSENTING PARENT 2] (if applicable), residing at [ADDRESS] (“Parent 2”);
• [OPTIONAL—LICENSED CHILD-PLACING AGENCY NAME], a Montana licensed child-placing agency, with its principal place of business at [ADDRESS] (the “Agency”); and
• [OPTIONAL—PROSPECTIVE ADOPTIVE PARENT(S)], residing at [ADDRESS] (“Prospective Adoptive Parent(s)” or “PAPs”).

Recitals

A. The Child. Parent(s) are the legal parent(s) of the minor child:
  Name: [CHILD’S FULL NAME]
  Date of Birth: [DOB]
  Place of Birth: [CITY, COUNTY, MT]

B. Parent(s) desire to voluntarily, knowingly, and irrevocably relinquish all parental rights to the Child and to consent to the Child’s adoption pursuant to Montana law.

C. The Agency/PAPs intend to accept the relinquishment and pursue the adoption of the Child through the [COURT NAME, e.g., “____ County District Court, Sitting as a Court of Adoption”] (“Family Court”).

NOW, THEREFORE, in consideration of the mutual promises herein and other good and valuable consideration, the adequacy and receipt of which are acknowledged, the parties agree as follows:

2. DEFINITIONS

For purposes of this Consent, the following terms have the meanings set forth below. Undefined capitalized terms have the meanings assigned elsewhere in the document.

“Child” means the minor identified in Recital A.

“Consent Effective Time” means the later of:
(a) the expiration of seventy-two (72) hours after the Child’s birth; or
(b) the date and time this Consent is executed and notarized.

“Family Court” has the meaning set forth in the Recitals.

“Revocation Period” means the limited time and grounds, if any, under Montana law during which a parent may seek to withdraw a relinquishment or consent, as detailed in Section 3.3.

3. OPERATIVE PROVISIONS

3.1 Consent & Relinquishment

3.1.1 Parent(s) hereby unconditionally and irrevocably:
 (a) relinquish all parental rights, custody, and control over the Child; and
 (b) consent to the permanent transfer of legal and physical custody to, and adoption by, the specifically identified PAPs, or to the permanent transfer of custody to the Department or licensed Agency identified in this Consent for purposes of adoption.

3.1.2 This Consent becomes operative upon the Consent Effective Time.

3.2 Counseling Acknowledgment

3.2.1 Parent(s) acknowledge that they:
 (a) have been informed, both orally and in writing, of their right to receive counseling by a professional of their choice regarding the emotional and legal implications of adoption;
 (b) have [SELECT ONE: “received” / “voluntarily declined”] such counseling; and
 (c) understand that counseling services remain available at no cost or reduced cost through [AGENCY NAME] or community resources for a period of at least one (1) year following execution of this Consent.

3.3 Revocation / Withdrawal of Consent

3.3.1 Montana law provides no unconditional automatic revocation period once a relinquishment has been executed after the statutorily required waiting period. Before an order terminating parental rights, however, the executing parent and the Department, Agency, or prospective adoptive parent named or described in the relinquishment may mutually agree to revoke it under Mont. Code Ann. § 42-2-410.

3.3.2 A court shall set aside a relinquishment and consent if the executing individual establishes either: (a) by clear and convincing evidence, before a decree of adoption is issued, that the consent was obtained by fraud or duress; or (b) by a preponderance of the evidence, that an express condition permitted by Mont. Code Ann. § 42-2-411 has occurred. Mont. Code Ann. § 42-2-417 does not list lack of capacity or a separate best-interests finding as grounds for setting aside the consent.

3.3.3 Absent mutual revocation under § 42-2-410, an express condition under § 42-2-411, or proof satisfying § 42-2-417, a change of mind, financial hardship, or family pressure alone does not create a unilateral right to withdraw this Consent.

3.4 Effect of Consent

When executed in substantial compliance with Mont. Code Ann. § 42-2-412, the relinquishment and consent is final and irrevocable except as provided in § 42-2-411. Subject to a contrary order protecting the Child’s welfare, it transfers legal and physical custody and responsibility for support and care to the named Department, Agency, or prospective adoptive parent; terminates the executing parent’s duties except child-support arrearages; and terminates the right to object to placement or adoption. See Mont. Code Ann. § 42-2-413.

4. REPRESENTATIONS & WARRANTIES

Each Parent represents and warrants, as of the Effective Date and continuing through finalization of the adoption, that:

4.1 Capacity. Parent is at least eighteen (18) years of age or otherwise has legal capacity to consent.

4.2 Exclusive Parental Rights. Parent is the Child’s legal parent and no other individual’s consent is required, except as stated herein.

4.3 No Prior Assignment. Parent has not previously relinquished or transferred parental rights to any other person or entity concerning the Child.

4.4 No Duress/Fraud. This Consent is executed voluntarily and free from coercion, fraud, or undue influence.

4.5 Accuracy of Information. All information provided to the Agency/PAPs concerning the Child’s medical, social, and familial background is, to Parent’s knowledge, true and complete.

4.6 Survival. The representations and warranties in Sections 4.1–4.5 survive the execution of this Consent.

5. COVENANTS & CONTINUING OBLIGATIONS

5.1 Cooperation. Parent(s) shall execute any additional documents reasonably requested by the Agency, PAPs, or Family Court to carry out the intent of this Consent.

5.2 Medical History Updates. Parent(s) agree to promptly provide any material updates to the Child’s hereditary or medical history for one (1) year after execution.

6. DEFAULT & REMEDIES

6.1 Event of Default. A breach by Parent(s) of any representation, warranty, or covenant herein constitutes an “Event of Default.”

6.2 Remedies. Upon an Event of Default, the Agency or PAPs may:
 (a) petition the Family Court for specific performance;
 (b) seek any other relief available in equity or at law that the Family Court deems just and in the Child’s best interests; and/or
 (c) recover reasonable attorney fees and court costs, to the extent permitted by Montana law.

7. RISK ALLOCATION

8. DISPUTE RESOLUTION

8.1 Governing Law. This Consent is governed by the substantive and procedural laws of the State of Montana, without regard to conflict-of-law principles.

8.2 Forum Selection. The exclusive forum for any proceeding arising under or relating to this Consent is the [COURT NAME] sitting in [COUNTY], Montana (the “Family Court”).

8.3 Arbitration. Arbitration is not available for matters concerning the adoption or custody of a minor under Montana law.

8.4 Jury Waiver. As adoption matters are heard in the Family Court without a jury, the parties waive any right to trial by jury.

8.5 Injunctive Relief. Nothing in this Consent limits the Family Court’s authority to enter injunctive or other equitable relief to protect the Child’s welfare.

9. GENERAL PROVISIONS

9.1 Entire Agreement. This Consent constitutes the entire agreement among the parties regarding the relinquishment of parental rights and supersedes any prior oral or written statements.

9.2 Amendments. No amendment or modification of this Consent is valid unless in writing, signed by the Parent(s) and approved by the Family Court.

9.3 Severability. If any provision is held unenforceable, the remaining provisions remain in full force, and the Family Court may reform the unenforceable provision to reflect the parties’ original intent within the bounds of Montana law.

9.4 Successors & Assigns. This Consent is binding upon and inures to the benefit of the parties and their respective heirs, legal representatives, and permitted assigns.

9.5 Electronic Signatures. Electronic signatures or counterparts bearing electronic signatures are deemed originals to the fullest extent permitted by the Montana Uniform Electronic Transactions Act.

10. EXECUTION BLOCK

IN WITNESS WHEREOF, the parties have executed this Consent as of the Effective Date first written above.

PARENT 1

Signature: _______________________________
Printed Name: _____________________________
Date: ____________________________________

PARENT 2 (if applicable)

Signature: _______________________________
Printed Name: _____________________________
Date: ____________________________________

AGENCY REPRESENTATIVE (if applicable)

Signature: _______________________________
Printed Name & Title: ______________________
Date: ____________________________________

PROSPECTIVE ADOPTIVE PARENT(S) (optional acknowledgement)

Signature: _______________________________
Printed Name: _____________________________
Date: ____________________________________

NOTARIAL ACKNOWLEDGMENT

State of Montana )
:ss.
County of [________________________________] )

On this ___ day of __________, 20__, before me, the undersigned Notary Public, personally appeared [NAME(S) OF PARENT(S)], known or proven to me to be the individual(s) who executed the foregoing instrument and acknowledged to me that he/she/they executed the same for the purposes therein contained.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written.

________________________________________
Notary Public for the State of Montana
Residing at: ___________________________
My commission expires: _________________

Sources and References

• Mont. Code Ann. § 42-2-408 — execution prerequisites and notarization
• Mont. Code Ann. § 42-2-410 — mutual revocation before termination order
• Mont. Code Ann. § 42-2-411 — permitted express conditions
• Mont. Code Ann. § 42-2-412 — required content
• Mont. Code Ann. § 42-2-413 — consequences
• Mont. Code Ann. § 42-2-417 — grounds and burdens to set aside