Montana Code Annotated 2023



Part 1. Dispositional Hearing and Adoption Decree

Notice Of Hearing

42-5-103. Notice of hearing. (1) Upon the filing of a petition for adoption, notice of hearing must be served on:

(a) a person whose consent to adoption is required under 42-2-301;

(b) the department or agency whose consent to adoption is required;

(c) the spouse of the petitioner if the spouse has not joined in the petition;

(d) a person who has revoked a consent or relinquishment or is attempting to have a consent or relinquishment set aside;

(e) the child's guardian ad litem if the child has one; and

(f) any other person named by the court to receive notice.

(2) The notice must direct the person to appear in court at the time specified and to show cause why the petition should not be granted.

(3) A notice of hearing is not required to be served on any party:

(a) whose parental rights have been terminated in prior proceedings;

(b) who waives notice in a relinquishment, consent, or other document signed by the party;

(c) who has consented in writing to an adoption; or

(d) whose consent to adoption is not required under 42-2-302.

History: En. Sec. 128, Ch. 480, L. 1997; amd. Sec. 25, Ch. 311, L. 2001.