- (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.
Authorizing statute(s): Sec. 53-4-111, MCA
Implementing statute(s): Sec. 53-4-112 and 53-4-115, MCA
History: 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.