Montana Code Annotated 2023

TITLE 42. ADOPTION

CHAPTER 6. RECORDS

Part 1. Confidential Intermediaries

Confidentiality Of Records And Proceedings

42-6-101. Confidentiality of records and proceedings. (1) Unless the court orders otherwise, all hearings held in proceedings under this title are confidential and must be held in closed court without admittance of any person other than interested parties and their counsel.

(2) All papers and records pertaining to the adoption must be kept as a permanent record of the court and must be withheld from inspection. A person may not have access to the records, except:

(a) for good cause shown on order of the judge of the court in which the decree of adoption was entered;

(b) as provided in this part;

(c) as provided in 50-15-121 and 50-15-122; or

(d) the department's child support enforcement division providing services under 42 U.S.C. 651, et seq.

(3) All files and records pertaining to adoption proceedings retained by the department, a licensed child-placing agency, a lawyer, or any authorized agency are confidential and must be withheld from inspection, except as provided in 50-15-121, 50-15-122, and this part.

History: En. Sec. 141, Ch. 480, L. 1997.