40-8-103. Definitions. As used in this chapter, unless the context otherwise requires, the following definitions apply:
     (1) "Adoption" means the act of creating the legal relationship between parent and child when it does not exist genetically.
     (2) "Adoptive parent" means an adult who has become the mother or father of a child through the legal process of adoption.
     (3) "Agency" means a public or voluntary agency licensed by any jurisdiction within the United States and expressly empowered to place children as a preliminary to a possible adoption.
     (4) "Birth parent" means the mother or father of genetic origin of a child but does not include a putative father of a child.
     (5) "Child" means any person under 18 years of age.
     (6) "Confidential intermediary" means a staff person of a nonprofit agency who has expertise in adoption.
     (7) "Court" means a Montana district court or a tribal court of any Montana Indian reservation.
     (8) "Department" means the department of public health and human services provided for in 2-15-2201.
     (9) "Extended family member" means an adult who is the child's grandparent, aunt or uncle, or brother or sister.
     (10) "Home study" means the process of assisting the prospective adoptive parent or family to assess its own readiness to adopt and a determination by the department or a licensed child-placing agency of the compliance of the parent or family and its residence with applicable standards.
     (11) "Identifying information" means information that reveals or directly indicates the identity of a person and includes the person's name or address.
     (12) "Nonidentifying information" means information that does not reveal or directly indicate the identity of a person, including:
     (a) medical information and information related to general physical characteristics;
     (b) family information, including marital status and the existence of siblings;
     (c) religious affiliation;
     (d) educational background information that does not reveal specific programs or institutions attended;
     (e) general occupation;
     (f) hobbies; and
     (g) photographs provided by any of the parties involved.
     (13) "Parent" means the birth or adoptive mother or the birth, adoptive, or legal father whose parental rights have not been terminated.
     (14) "Placement for adoption" means the transfer of physical custody of a child with respect to whom all parental rights have been terminated and who is otherwise legally free for adoption to a person who intends to adopt the child.
     (15) "Relinquishment" means the informed and voluntary release in writing of all parental rights with respect to a child by a parent to an agency or individual pursuant to 40-6-135, 40-8-109, or 40-8-117, whichever is applicable.

     History: En. Sec. 1, Ch. 240, L. 1957; R.C.M. 1947, 61-201; amd. Sec. 6, Ch. 530, L. 1981; amd. Sec. 3, Ch. 1, Sp. L. 1981; amd. Sec. 34, Ch. 609, L. 1987; amd. Sec. 7, Ch. 684, L. 1991; amd. Sec. 1, Ch. 275, L. 1995; amd. Sec. 152, Ch. 546, L. 1995.