Montana Code Annotated 2023



Part 4. Voluntary Relinquishment and Consent to Adopt

Relinquishment By Minor Parent -- Separate Legal Counsel In Direct Parental Placement Adoption

42-2-405. Relinquishment by minor parent -- separate legal counsel in direct parental placement adoption. (1) A parent who is a minor has the right to relinquish all rights to that minor parent's child and to consent to the child's adoption. The relinquishment is not subject to revocation by reason of minority.

(2) In a direct parental placement adoption, a relinquishment and consent to adopt executed by a parent who is a minor is not valid unless the minor parent has been advised by an attorney who does not represent the prospective adoptive parent. Legal fees charged by the minor parent's attorney are an allowable expense that may be paid by prospective adoptive parents under 42-7-101, subject to the limitations in 42-7-102.

(3) If in the court's discretion it is in the best interest of justice, the court may order the office of state public defender, provided for in 2-15-1029, to assign counsel to represent the minor parent.

History: En. Sec. 46, Ch. 480, L. 1997; amd. Sec. 38, Ch. 449, L. 2005; amd. Sec. 12, Ch. 358, L. 2017.