Montana Code Annotated 2023



Part 1. Dispositional Hearing and Adoption Decree

Granting Petition For Adoption -- Denial Of Petition

42-5-106. Granting petition for adoption -- denial of petition. (1) The court shall issue a decree of adoption awarding custody of the child to the petitioners based on the evidence received if it determines that:

(a) the child has been in the physical custody of the petitioners for at least 6 months, unless the court for good cause shown waives this requirement pursuant to 42-4-205 or 42-4-309;

(b) notice of hearing on the petition for adoption was properly served or dispensed with;

(c) every necessary consent, relinquishment, waiver, disclaimer, or judicial order terminating parental rights has been obtained and filed with the court;

(d) any evaluation required by this title has been filed with and considered by the court; and

(e) the adoption is in the best interests of the child.

(2) If the petition for adoption is denied, the court shall dismiss the petition and enter an appropriate order as to the future custody of the child according to the best interests of the child.

History: En. Sec. 131, Ch. 480, L. 1997.