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Mont. Code Ann. § 42-1-107

Adoption prohibited if child not legally free

Known as the Montana Adoption Act

The act spans §§ 42-10-101 to 42-8-108 (192 sections).

En

(1) An adoption decree may not be entered if the child who is the subject of an adoption proceeding is not legally free for adoption.

(2) A child may be placed for adoption only by:

(a) the department or another agency to which the child has been relinquished for purposes of adoption;

(b) the department or another agency expressly authorized to place the child for adoption by a court order terminating the relationship between the child and the child's parent or guardian;

(c) the child's parents; or

(d) a guardian expressly authorized by the court to place the child for adoption.

Official source: Montana Code Annotated (Montana Legislature). Reproduced from public-domain Montana statutes; confirm against the official source for the current text. Not legal advice.