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Mont. Code § 42-5-101
Montana
Code
Title
42. Adoption
Chapter
5. Legal Proceedings
Part
1. Dispositional Hearing and Adoption Decree
§ 42-5-101.
Petition for adoption
(1) A petition for adoption
must be verified and must specify:
(a) the full names, ages,
and place and duration of residence of the petitioners;
(b) the current marital
status of petitioners and, if married, the place and date of the marriage;
(c) the circumstances
under which the petitioners obtained physical custody of the child and
the name of the individual or agency that placed the child;
(d) the date and place
of birth of the child, if known;
(e)
the name used for the child in the proceeding and, if a change in name
is desired, the full name by which the child is to be known;
(f) that it is the desire
of the petitioners that the relationship of parent and child be established
between the petitioners and the child and to have all the rights and be
subject to all the duties of that relationship;
(g) a full description
and statement of value of all property owned or possessed by the child;
(h) the facts, if any,
that excuse consent on the part of a person whose consent is required
for the adoption;
(i) that any applicable
law governing interstate or intercountry placement was complied with;
(j) that, if applicable,
the Indian Child Welfare Act, 25 U.S.C. 1901, et seq., was complied with;
(k)
whether a previous petition has been filed by the petitioners to adopt
the child at issue or any other child in any court and the disposition
of the petitions; and
(l) the name and address,
if known, of any person who is entitled to receive notice of the petition
for adoption.
(2) There must be attached
to or accompanying the petition:
(a) any written consent
required by 42-2-301;
(b) a certified copy of
any court order terminating the rights of the child's parents;
(c) a certified copy of
any existing court order in any pending proceeding concerning custody
of or visitation with the child;
(d) a copy of any agreement
with a public agency to provide a subsidy for the benefit of the child
with a special need;
(e)
the postplacement evaluation prepared pursuant to 42-4-113 or 42-4-209;
(f) a disclosure of any
disbursements made in connection with the adoption proceeding.
(3) One copy of the petition
must be retained by the court. A copy must be sent to:
(a) the department or
to the agency participating in the adoption proceeding;
(b) the parent placing
the child for adoption in a direct parental placement adoption; or
(c) the child's guardian
ad litem if the child has one.
(4) Proceedings initiated
under this part are subject to the Montana Rules of Civil Procedure except
as modified by this part.
History:
En. Sec. 126, Ch. 480, L. 1997; amd. Sec. 17, Ch. 257, L. 1999; amd. Sec.
24, Ch. 311, L. 2001.
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