40-6-125. Children born out of wedlock -- relinquishment -- consent. (1) If the mother of a child born out of wedlock proposes to relinquish the child for adoption and the relinquishment or consent of the birth father cannot be obtained, the child may not be placed for adoption until the parental rights of the father are terminated by the court as provided in this part, by the court pursuant to Title 41, chapter 3, or by a court of competent jurisdiction in another state or country.
     (2) Pending the termination or other disposition of the rights of the father of the child born out of wedlock, the mother may execute a relinquishment, in accordance with 40-6-135(2) through (5), terminating the mother's rights to the child. If the mother relinquishes the child, the agency of the state of Montana, a licensed adoption agency, or the person to whom the child is relinquished may file a petition under this part or a petition of neglect pursuant to Title 41, chapter 3. Pending disposition of the petition, the court may enter an order authorizing temporary care of the child.
     (3) At the request of the mother, the mother's execution of a relinquishment must be delayed until after the court has determined the identity of the father and has awarded custody of the child to the father or terminated the father's rights under this part.

     History: En. 61-329 by Sec. 2, Ch. 422, L. 1977; R.C.M. 1947, 61-329; amd. Sec. 4, Ch. 530, L. 1981; amd. Sec. 2, Ch. 1, Sp. L. 1981; amd. Sec. 1, Ch. 683, L. 1991; amd. Sec. 3, Ch. 458, L. 1995.