2021 Montana Legislature
_____________ bill NO. _____________
INTRODUCED
BY _________________________________________________
By Request of the ****
A BILL FOR AN ACT ENTITLED: "AN ACT REVISING ADOPTION LAWS TO ALLOW THE BIRTH PARENT OR EXTENDED FAMILY MEMBER OF AN INDIAN PERSON TO OBTAIN THE PERSON'S ORIGINAL BIRTH CERTIFICATE; AND AMENDING SECTION 42-6-109, MCA."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 42-6-109, MCA, is amended to read:
"42-6-109. Release of original birth certificate -- certificate of adoption. (1) In addition to any copy of an adoptee's original birth certificate authorized for release by a court order issued pursuant to 50-15-121 or 50-15-122, the department shall furnish a copy of the original birth certificate of an adoptee:
(a) upon the written request of a person who was adopted before October 1, 1985, or 30 years or more ago, whichever date is later;
(b) upon the written request of a person who is a birth parent or an extended family member of an Indian person who was adopted before November 8, 1978;
(b)(c) upon a court order for a person adopted on or after October 1, 1985, and before October 1, 1997; and
(c)(d) for a person adopted on or after October 1, 1997, upon:
(i) the written request of an adoptee who has attained 18 years of age unless the birth parent has requested in writing that the original birth certificate not be automatically released; or
(ii) a court order.
(2) Upon the request of an adoptive parent or an adoptee who has attained 18 years of age, the department shall issue a certificate of adoption that states the date and place of adoption, the date of birth of the adoptee, the name of each adoptive parent, and the name of the adoptee as provided in the decree.
(3) A birth parent may request in writing to the vital statistics bureau that the birth certificate for an adoptee not be released without a court order. The birth parent may change the request at any time by notifying the vital statistics bureau in writing of the change.
(4) The department may release a copy of the adoptee's original birth certificate if release of this document is required to assist an adoptee to become enrolled in or a member of an Indian tribe."
NEW SECTION. Section 2. Notification to tribal governments. The secretary of state shall send a copy of [this act] to each federally recognized tribal government in Montana.