37.52.115    ADOPTIVE PLACEMENT ELIGIBILITY REQUIREMENTS

(1) Parental rights must be terminated and custody with the right to place for adoption must be given to the department by a court of competent jurisdiction.

(2) The parent or parents may voluntarily relinquish a child for adoption by an affidavit of waiver and consent to adoption, in triplicate, before a notary public. The form may be obtained at any local county welfare office. This affidavit may not be signed prior to the birth of a child.

(3) The legal father of a child must also sign waivers to be relinquished for adoptive placement. If the child is born within 10 months of a divorce, the former husband must sign waivers.

(4) If paternity has been admitted or legally established, the unwed father must also sign waivers.

(5) The child must be able to accept and adjust to adoptive placement.

(6) The child must have a pre-adoptive physical examination.

History: Sec. 53-4-111, MCA; IMP, Sec. 53-4-112 and 53-4-115, MCA; NEW, Eff. 12/31/72; TRANS, from Dept. of SRS, 1987 MAR p. 1492, Eff. 7/1/87; TRANS, from DFS, 1998 MAR p. 659.