Montana Code Annotated 2023



Part 1. General Fees and Activities

Fees Related To Placement For Adoption By Parent

42-7-101. Fees related to placement for adoption by parent. (1) Reasonable adoption fees may be paid by the adoptive parent for the actual cost of services. The cost of services must relate to:

(a) a petition for adoption;

(b) placement of a child;

(c) medical care or services, including cost-sharing amounts for medically necessary prenatal and postnatal outpatient mental health services;

(d) prenatal care;

(e) foster care;

(f) a preplacement evaluation;

(g) counseling related to providing information necessary to make an informed decision to voluntarily relinquish a child;

(h) travel or temporary living costs for the birth mother;

(i) legal fees incurred for services on behalf of the placing parent;

(j) the reasonable costs incurred by a placing parent in a direct parental placement adoption to document the disclosures of medical and social history required by 42-3-101; and

(k) other reasonable costs related to adoption that do not include education, vehicles, salary or wages, vacations, or permanent housing for the birth parent.

(2) A birth parent or a provider of a service listed in subsection (1) may receive or accept a payment authorized by subsection (1). The payment may not be made contingent on the placement of a child for adoption or upon relinquishment of and consent to adoption of the child. If the adoption is not completed, a person who is authorized by subsection (1) to make a specific payment is not liable for that payment unless the person has agreed in a signed writing with a birth parent or a provider of a service to make the payment regardless of the outcome of the proceeding for adoption.

History: En. Sec. 147, Ch. 480, L. 1997; amd. Sec. 9, Ch. 175, L. 2021.