Parental Consent and Relinquishment of Parental Rights for Adoption
(Montana – Comprehensive Form)
[// GUIDANCE: This template is drafted to comply with Montana law under Title 42 of the Montana Code Annotated (MCA). Practitioners must confirm the most current statutory language, court-specific filing requirements, and any agency regulations before use.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
3.1 Consent & Relinquishment
3.2 Counseling Acknowledgment
3.3 Revocation / Withdrawal of Consent
3.4 Effect of Consent - Representations & Warranties
- Covenants & Continuing Obligations
- Default & Remedies
- Risk Allocation (Not Applicable)
- Dispute Resolution
- General Provisions
- 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 placement of the Child for adoption by the PAPs (or any other prospective adoptive parent(s) approved by the Agency or Family Court).
3.1.2 This Consent becomes operative upon the Consent Effective Time.
[// GUIDANCE: Montana law prohibits execution of a parental consent earlier than 72 hours after the child’s birth. Confirm hospital discharge protocols and ensure execution timing is properly memorialized in the notarial certificate.]
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.
[// GUIDANCE: While counseling is not mandatory in Montana, licensed agencies must advise birth parents of counseling options. Maintain documentation of counseling offers and any acceptance/declination.]
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.
3.3.2 Parent(s) may petition the Family Court to withdraw this Consent only on the limited grounds of fraud, duress, or lack of capacity and only before entry of a final decree of adoption. Parent(s) bear the burden of proof, and any withdrawal must be deemed in the Child’s best interests by the Family Court.
3.3.3 Parent(s) understand that voluntarily changing their mind, financial hardship, or family pressure alone are not legal grounds for withdrawal.
[// GUIDANCE: Insert a checkbox or initial-line for each parent to affirm understanding of irrevocability to reduce future challenges.]
3.4 Effect of Consent
Upon the later of (i) Consent Effective Time and (ii) filing with the Family Court, Parent(s) shall have no further legal rights, duties, privileges, or obligations with respect to the Child, except those expressly reserved under Montana law for the purpose of inheritance or adoption disclosures.
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
[// GUIDANCE: Indemnification and liability caps are inapplicable for this document; Section intentionally omitted.]
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: ___
[// GUIDANCE:
1. File the executed Consent with the Family Court under the appropriate adoption docket number.
2. Retain certified copies for the Agency, each Parent, and PAPs.
3. Ensure mandatory confidentiality measures under MCA Title 42 are observed when disseminating adoption records.]