Montana Code Annotated 2021



Part 1. Confidential Intermediaries

Disclosure Of Records -- Nonidentifying And Identifying Information -- Consensual Release

42-6-102. Disclosure of records -- nonidentifying and identifying information -- consensual release. (1) The department or an authorized person or agency may disclose:

(a) nonidentifying information to an adoptee, an adoptive or birth parent, or an extended family member of an adoptee or birth parent;

(b) identifying information to a court-appointed confidential intermediary upon order of the court or as provided in 50-15-121 and 50-15-122;

(c) identifying information limited to the specific information required to assist an adoptee to become enrolled in or a member of an Indian tribe;

(d) identifying information to authorized personnel during a federal child and family services review; and

(e) an original birth certificate as provided for in 42-6-109.

(2) Information may be disclosed to any person who consents in writing to the release of confidential information to other interested persons who have also consented. Identifying information pertaining to an adoption involving an adoptee who is still a child may not be disclosed based upon a consensual exchange of information unless the adoptee's adoptive parent consents in writing.

History: En. Sec. 142, Ch. 480, L. 1997; amd. Sec. 22, Ch. 504, L. 2003; amd. Sec. 9, Ch. 382, L. 2005; amd. Sec. 2, Ch. 162, L. 2015.