40-6-127. Expected child -- intent to release or consent -- petition and notice. (1) In order to provide due notice at the earliest possible time to a putative father who may have an interest in the custody of an expected child or in the mother's intended release of an expected child for adoption and in order to facilitate early placement of a child for adoption, a woman pregnant out of wedlock may file with the district court an ex parte petition which sets forth the following:
     (a) her intent to release her expected child for adoption;
     (b) the approximate date and location of conception;
     (c) the expected date of her delivery; and
     (d) the identity and whereabouts of the putative father of her expected child.
     (2) The petition may allege more than one putative father whenever circumstances warrant. The petition shall be verified. Upon the filing of the petition, the court shall issue a notice of intent to release, which notice shall be served upon the putative father or fathers in the manner provided by the Montana Rules of Civil Procedure or in any other manner which the court may direct. Proof of such service shall be filed with the court.
     (3) A notice of intent to release shall:
     (a) indicate the approximate date and location of conception of the child and the expected date of delivery;
     (b) inform the putative father of his right under 40-6-126 to file a notice of intent to claim paternity before the birth of the child;
     (c) inform the putative father of the rights to which his filing of notice of intent to claim paternity will entitle him under 40-6-126(3); and
     (d) inform the putative father that his failure to file a notice of intent to claim paternity before the expected date of delivery constitutes a waiver of his right to receive the notice to which he would otherwise be entitled under 40-6-126(3) and constitutes a denial of his interest in the custody of the child, which denial shall result in the court's termination of his rights to the child.
     (4) The petition shall be filed with the court not later than 30 days prior to the expected date of delivery.

     History: En. 61-331 by Sec. 4, Ch. 422, L. 1977; R.C.M. 1947, 61-331.